Fast facts about employment contracts | Employment Law Show TV – S9 E02

Episode Summary

FAST FACTS ABOUT EMPLOYMENT CONTRACTS, a relocation, being let go due to a disability and more on Season 9 Episode 02 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 about employment law in Alberta, Ontario and British Columbia, on the only employment law show on both TV and radio in Canada.

Episode Notes

Inadequate severance offer for long-service employee

I worked as a manager for 16 years. I was recently let go and it came as a bit of a shock. I was only given 8 weeks of severance pay. Am I owed anything more?

• Factors that influence severance: Employees are rarely offered adequate severance packages upon termination. Before accepting a severance package, employees need to seek out legal advice. Severance pay for long-service employees can be up to 24 months pay.
  

Severance if let go due to restructuring

I was just let go from my job due to restructuring, as I “do not fit” with the rest of the team. I was employed for 2.5 years and I’m 59 years old. I was offered a month of severance.

• Reasons for termination: Often employees mistakenly believe a wrongful dismissal occurs due to the reason for termination. A wrongful dismissal typically occurs when a severance package is not adequate. Severance should be based on an employee’s age, position and years of service. Short-service employees can be owed disproportionately more severance pay than long-service employees.
  • Learn more about severance pay
    • Severance in Alberta
    • Severance packages in Ontario
    • Severance entitlements in B.C

Let go due to disability

My friend was released from his job after only a week and a half. This happened after his employer provided him with the necessary accommodation from his doctor, as he has a disability. Even though he was only there briefly, was his employer obligated to provide accommodation?

• Obligation to accommodate: Employers must accommodate an employee’s medical condition. A refusal to do so is considered a human rights violation and can lead to additional legal consequences and damages. It is illegal to terminate an employee due to illness or a disability.

Re-location significantly adds to the commute

My wife has worked as a pharmacist for a little over a year. She’s been told that she might be moved to another location much further away. This would mean significant changes for our family and new expenses. Does she have the right to refuse this?

• Constructive dismissals: Employees do not have to accept an imposed major change to their position, such as a re-location. A major change can lead to constructive dismissal. Ultimately, employees must consider the effect of the change. Employees should speak to an employment lawyer before resigning or accepting a proposed change.

Fast facts about employment contracts

• Protect the best interests of the employer: Employment contracts typically protect the best interests of an employer. Employee rights can be limited by an employment agreement, such as the right to severance pay.
  
• Need to have a written formal contract: Employees do not have to have a formal written contract at the start of a new job. There is no legal reason for an employee to have a formal contract.
• Force you to accept a new employment contract:  Employees cannot be forced to accept a new employment contract. Employees should be wary of signing a new agreement as it will typically contain provisions that protect an employer at an employee’s expense.
• Before signing a new employment contract: Employees should speak to an employment lawyer before signing an employment agreement. Legal advice will help to protect employee rights, and allow employees to negotiate with their employers.

Let go for “cause” due to performance

I was recently fired after a disagreement with my manager. My employer told me I was only entitled to 4 weeks of pay due to performance issues. After 8 years in this sales role, I thought I’d be given more. I’m nearly 50 years old.

• Reasons for termination “for cause”: It is difficult to terminate an employee “for cause” as an employee has to have exhibited serious misconduct. An employer has to prove that the employer-employee relationship is irreversibly damaged. Often employees who have been terminated “for cause” have been wrongfully dismissed and are still owed severance pay.

Contractor becomes an employee

I have been with the company for 15 years in maintenance. For the first 8 years, I was an independent contractor, then became an employee. If I’m released from my position, will those first years count towards my severance?

• Misclassification of an employee: Many employees have been mistakenly classified as independent contractors. Employment law dictates whether or not an individual is an employee, not an employer or employment agreement. Misclassified employees are owed severance upon termination, and all years of service must be taken into consideration.
  

Employment Rights

• Employees exempt from overtime pay: Salaried employees are not exempt from overtime pay.
• Confiscate an employee’s device: An employer can have a policy in place that prevents employees from using their personal devices during work hours. It would be inappropriate for an employer to confiscate an employee’s personal property.
  
• Severance pay if a company is sold: Employers are obligated to pay employees severance pay if a company is sold and the previous staff are not hired by the new owner.
• Forced to return to work if their disability benefits end: Employers cannot force an employee to return to work if their disability benefits are cut off. Only a treating doctor can determine whether or not an employee can work.
• Demotion as a form of discipline: Employees cannot be demoted as a form of discipline or performance management. A demotion is considered a major change and can be treated as constructive dismissal.

PREVIOUS EPISODE: Employment Law Show S9 E01 – Return to Office Mandates: Questions Lior Gets