What Employees Should Never Do | Employment Law Show TV – S4 E9

Episode Summary

WHAT EMPLOYEES SHOULD NEVER DO, responding to an unfair sales quota, disagreement over a demotion, and more on Season 4 Episode 9 of the Employment Law Show with employment lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP.

Watch above to discover your workplace rights and learn everything you need to know about employment law in Ontario, British Columbia, and Alberta, on the only employment law show on both TV and radio in Canada.

Episode Notes

Employee rights and temporary layoffss

I was placed on a temporary layoff for 6 weeks by my employer during a slow time of year. When I checked in 6 weeks later, my employer said there still wasn’t any work available and directed me to check back in another 6 weeks. What are my rights during a temporary layoff?

A temporary layoff is illegal, and can actually be considered a termination of employment. You don’t have to wait to be called back to work. You can treat it as a termination and get your severance. Reach out to an employment lawyer to get what you’re owed.

Segment starts at 1:58

CALL: Employee laid off while on medical leave

I took a medical leave for 10 months to fight breast cancer. When I was cleared to return to work, I contacted my employer. He told me that because things were slow he had to lay me off. Even though I had worked there for 11 years, I didn’t receive any severance pay.

Lior discusses how severance pay is calculated, and what an employer’s duty to accommodate is.

Segment starts at 5:12

Severance pay for salespeople

I have been working at a car dealership for around 2 years. Despite consistently meeting performance quotas, my manager always singles me out and criticizes my work in front of others. Last month, she raised my sales quota by 75%! I was the only one given this new target. The owners say there is nothing they can do. What are the rights to severance pay for salespeople?

To determine the amount of severance you may be owed upon termination, use the Severance Pay Calculator.

Segment starts at 9:22

What You Should Never Do if You’re an Employee

1️⃣ Employees should never make assumptions about their employment rights

Employment laws are extensive in Canada, and they provide protections for employees. However, some people give up those rights by making assumptions about workplace rights. Don’t assume you know what the law is, or how much severance you’re owed if you lost your job. The law can’t help you if you don’t find out what your rights are. You have to get legal advice from an employment lawyer, or go to our Pocket Employment Lawyer and find out your rights first.

Segment starts at 14:11

2️⃣ Employees should never accept changes to the terms of their employment

Your employer is not allowed to make significant changes to your compensation, work hours, work location, or responsibilities. You have the right to refuse any significant changes, and if necessary, to treat that as a constructive dismissal. The problem with allowing changes to happen is that if you accept those changes you give the company the right to do it again. That’s how you give up your rights. If want to find out if a change is legal or not, go to Pocket Employment Lawyer, or contact our firm.

Segment starts at 15:49

3️⃣ Employees should never accept a verbal termination

If your employer calls you into a meeting and says they’re letting you go, your next priority is to make sure you get your proper severance. However, without confirmation of a termination in writing, an employer can deny letting you go and say that you quit, and you will not get your severance.  If you are verbally terminated, put it in writing immediately – send an email to your employer confirming what happened in the meeting, and that they let you go. Even if they do not reply, by creating a record of the event you make it difficult for the company to say that you quit, and you make it easier for us to help you get your severance.

Segment starts at 17:10

4️⃣ Employees should never call the Ministry of Labour if they lose their job

The Ministry of Labour can only advise you with respect to your minimum entitlements. Your full entitlements – or your common law entitlements – could be ten times that, or more. The Ministry of Labour will only provide you with misleading information. If you actually file a complaint with the Ministry of Labour, you will not only not get what you’re owed, but you will no longer be able to pursue your full entitlements.

Segment starts at 18:34

5️⃣ Employees should never accept an unfair performance review

If your performance review is unfair, inaccurate, or not factual, and you accept it, you’ll be helping your employer build a case against you.  They could eventually potentially let you go for cause. It’s important to say something if your performance review is unfair.  Submit your objections in writing, citing the facts, and explain why and how they got it wrong. You will make it more difficult for the company to let you go for cause in the future. If you don’t object, it will appear as though you have accepted the review as fact.

Segment starts at 20:22

6️⃣ Employees should never sign an employment contract without having it reviewed

An employment contract is one of the most important documents you may ever sign. It governs your rights in the workplace. When it comes to employment agreements, less is more, because some employment agreements can limit your rights or remove them completely. It could limit your severance, allow the company to lay you off, change your compensation, or make other negative changes. If you’re asked to sign an employment agreement, make sure you have it reviewed by an employment lawyer first.

Segment starts at 21:20

CALL: Severance pay for labour workers

I worked as a labourer in a warehouse for 12 years. I was just let go and offered a severance package with 6 weeks’ pay. How is severance pay calculated? Was I given enough for the amount of time I worked for them? What is severance pay for a labourer?

If we use the Pocket Employment Lawyer to determine your severance, you could be owed 14-16 months pay, not 6 weeks.

Segment starts at 23:02

CALL: Employee demoted after 25 years of service

I was demoted 3 weeks ago from a middle manager position to a clerical job, dropping my pay by $14,000. They said it was the only job they had available. Now I report to somebody who used to report to me. I have been working there for 25 years. What recourse do I have? Do I have to accept a demotion?

The company does not have a right to demote you, and the change is illegal. This is clearly a constructive dismissal. You don’t have to accept it. You also don’t have to wait for them to give you a package, because you can force the issue and get your severance. You can also go to Pocket Employment Lawyer to find out if you have been constructively dismissed.

Segment starts at 26:27

Next Episode: Employment Law Show S4 E10 – Social Media in the Workplace

Previous Episode: Employment Law Show S4 E8 – Rights of Older Employees