Five significant employment law terms | Employment Law Show TV – S6 E28

Episode Summary

5 SIGNIFICANT EMPLOYMENT LAW TERMS, severance at a small company, violating a code of conduct, and more on Season 6 Episode 28 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

No severance if terminated while on probation

I started a new job and after a few months was told I was being let go and was not owed severance as I was on probation. Is this true?

• Severance pay for short service employees: Employees who are terminated without cause are still entitled to severance pay if terminated after a short amount of time, including during the first few months. In some cases, employees could be owed comparably more severance pay as the difficulty of finding future employment must be taken into consideration.
• Employment contracts and probation: Many employees assume that probation is automatic at the start of a new position, however, this is not true. Employees must agree to a probationary period in an employment agreement. Employees should not assume that they are on probation and take a close look at their employment contracts.

Severance after working at a small company

After working for 13 years at a small company, my position as a secretary was eliminated. I was given 3 months’ pay as severance. Should I have received more?

• Severance pay for longer service employees: Severance is based on a number of factors, including the age of an employee, the position and length of employment. Other factors can also make a significant impact, such as a health condition that can make finding future employment difficult.
• Factors that impact the possibility of a new job: Employees in specialized positions or in an industry that is considered niche, or in a senior position, could ensure additional compensation. for an employee.

Given a new employment contract after years of being employed

After 6 years of employment, I was presented with an employment contract. Do I have to sign this?

• Signing an employment contract: Employees should never sign an employment agreement, particularly after years of already being employed, without first seeking legal counsel. Employment contracts rarely protect the rights of an employee and typically protect an employer’s interests.
• Termination clauses and temporary layoffs: Employment contracts can contain termination clause provisions that limit an employee’s rights to severance as well as clauses that allow employers to lay employees off temporarily. Employees cannot be forced to sign a contract.
  • Learn more about Temporary Layoffs:
    Rights for employees laid off in B.C
    Temporary layoffs in Alberta
    Rights after a temporary layoff in Ontario

5 Significant Employment Law Terms

• Duty to accommodate: An employer is obligated to provide an employee with support and help in certain situations, such as a medical issue or if an employee has childcare needs. A failure to accommodate an employee’s needs could be seen as a human rights violation.
• Termination for cause/ without cause: Employers are permitted to terminate employees without a reason as long as adequate severance is provided; this is considered a termination without cause. In order to terminate an employee for cause, employers have to prove no other alternative was possible and significant misconduct has occurred.
  
• Independent contractor: An independent contractor is in business for themselves and is not beholden to another company or employer. Employees are often misclassified as independent contractors and are owed certain rights and obligations.
• Constructive dismissal: A constructive dismissal occurs when an employer decides to make fundamental changes to the terms of an employee’s position, such as a dramatic reduction in pay, chance in schedule, or relocation. Employment law considers this to be a dismissal.
• Wrongful dismissal: A wrongful dismissal occurs when an employee is terminated but is not offered adequate compensation and severance pay.
  • Learn more about Severance Pay:
    Severance in Alberta
    Severance entitlements in Ontario
    Employee severance in B.C

Violating a code of conduct at your workplace

I’ve been employed at my company for 20+ years. I was recently offered a new contract job in the same line of work. Is it possible to keep both jobs and not violate the code of conduct at my current position?”

• A breach in confidentiality and conflict of interest: A potential breach of confidentiality or a conflict of interest can lead to a termination for cause and employees should be careful. Employees should be open and honest with their employer about their current position and choice. Employers could pursue additional damages if an employee is deceitful.
  

Temporary re-assignment to a new position at the job

I’ve been temporarily reassigned to a position that is not related to my own job. At what point is it considered constructive dismissal?

• Constructive dismissal: Employees who are placed in a new position for a long period of time can consider their employment to be constructively dismissed. Employees who are unsure if the proposed change will be temporary should ensure that it is documented in writing that the shift will end and the approximate timeline.

NEXT EPISODE: Employment Law Show S6 E29 – Fast facts about bonus payments

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