Facts about the Termination Process | Employment Law Show TV – S6 E22

Episode Summary

FACTS ABOUT THE TERMINATION PROCESS, signing an employment contract, moving departments and more on Season 6 Episode 22 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

Returning to the office

My employer has requested that I return to the office as I have been working remotely throughout the pandemic. Do I have to return?

• Remote work and hybrid work models: Employers have the right to request employees return to the physical workplace if they were working remotely solely as a result of the pandemic. Employees who refuse the request can be considered to have resigned from their jobs or abandoned their positions. Employers do, however, have an obligation to accommodate employees with childcare needs as well as possible medical conditions and continue to follow public health guidelines.

Learn more about employee rights when employers end remote work and recall staff in provinces like Ontario, Alberta and British Columbia.

Asked to sign an employment contract after decades of work

I’ve worked for a professional services company for over 20 years. My employer is now asking everyone to sign an employment contract that contains terminology about my severance and the “ESA”. Do I have to sign this contract?

• New employment agreement years later: Employees should never agree to sign an employment contract without seeking legal advice. Employees should be wary of being given an employment contract, particularly after years of employment. Employment agreements can seek to limit an employee’s severance entitlements although many clauses are not enforceable. Employees who are let go due to a refusal to sign an employment agreement will still be owed severance pay.

Recruited into a new position and fired after a few months

I resigned from a position I held for seven years to join a new company that had recruited me. After only four months I was fired for not being a good fit and given two weeks of severance pay. Do I have any options here?

• Inducement and severance pay: Many employees are recruited from another employer and the new job does not always work out. It is important for employees to remember that if they have been recruited and let go by their new employer, they will be owed enhanced severance pay. Severance in this situation will have to take into consideration the previous years of employment at the employee’s prior company as they were induced to leave their job.

Facts about the Termination Process

• Fired through any method (e-mail, virtually, in a call, etc.): Employment law does not require an employer to terminate an employee in a specific manner however it is advisable for employers to terminate employees in person. It is not illegal for virtual terminations to take place however adequate severance pay must be given.
  • LEARN MORE
    Can my employer fire me over email?
    Fired online? What are your rights?
• Your employer cannot force you to resign: Employees cannot be forced to resign and if they have been pushed to do so, that is effectively a termination. Employers might try and persuade an employee to resign or insist that they have done so but a resignation must be voluntary. An employee that has voluntarily left their employment is not owed any severance pay.
• You do not have to sign a termination letter on the spot: Employers should allow employees an appropriate amount of time to consider their termination offer and seek legal advice. Employees should seek counsel from an employment lawyer before signing a termination letter as the severance offered is usually inadequate. Employees have up to two years to pursue their severance pay after the initial date of termination. Severance deadlines imposed by an employer are meaningless and are a pressure tactic.
• Seek legal advice from an employment lawyer upon termination: Employees must seek out advice from an employment lawyer upon termination and should not agree to an offer before determining what they are actually owed.
  • LEARN MORE ABOUT SEVERANCE PAY
    What are you owed in severance in Ontario?
    Alberta severance pay
    Severance in BC

Moved from a truck driver position to working in a warehouse

My boss has moved me from driving a truck and making deliveries to working in the warehouse. This is not what I signed up for, and the change means that I’m losing a huge amount of pay. What should I do?

• Completely changed job position: Employers do not have the right to impose a significant change to the terms of employment without an employee’s consent. A major change can include a drastic reduction in pay, a relocation, demotion, etc. Employees can choose to treat the changes imposed as being constructively dismissed. A constructive dismissal allows an employee to pursue severance entitlements as they have been effectively terminated.

Worried about asking for time off due to medical condition

I am suffering from back issues and must undergo surgery. I just got back from an 18-month leave of absence I’m worried about having to take more time off – and how my employer might respond.

• Protected leave of absence: Employees who are unable to work due to a medical condition or illness or injury simply need to speak to their treating medical team and request a note to provide to their employer. Employees who have the support of their doctors do not need to worry about their job. Employees cannot be penalized due to an illness or injury or be terminated as a result. Employers who terminate employees who have an illness or are unable to work could be violating the employee’s human rights. Employers also have a duty to accommodate an employee who is returning from leave and needs additional assistance.

Small severance package for long-service employee

I’m 64 years old and have worked as an accountant for over 28 years with the same company. I was told recently I would be laid off and given a two-month severance package. Do I have to accept this offer immediately?

• Severance calculation for long-service employees: Employers are permitted to terminate an employee for any reason as long as adequate severance is offered. Employees should note that severance is based on several factors including the age of an employee, the length of service as well as the position. Long-service employees could be owed up to 24 months of severance pay. Before agreeing to a severance offer, it is important for employees to seek legal advice to determine whether or not the package offered is adequate.
  • Learn More
    Severance pay for analysts

NEXT EPISODE: Employment Law Show S6 E23 – Termination for cause: true or false

PREVIOUS EPISODE: Employment Law Show S6 E21 – 5 Best times to contact an employment lawyer