Guide to Handling a Bad Boss | Employment Law Show TV – S6 E04

Episode Summary

GUIDE TO HANDLING A BAD BOSS, small business severance, not brought back from a layoff, and more on Season 6 Episode 04 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

An employer refusing to accommodate part-time hours

I’ve been off of work for about six months due to a severe injury after a car accident. I was finally able to return to work but not at full-time hours. My boss says I am not able to return until I have no restrictions. What can I do?

• Injured and accommodation needed: Employers are obligated to try and accommodate an employee’s medical condition and disability. Employers have to try and exhaust all possible accommodations requested by a doctor up until the point of undue hardship. Employers who refuse to accommodate disabilities are a breach of an employee’s human rights.

Laid off by employer possibly due to age

I am being laid off by my employer, even though there is still plenty of work available. Can they do that? I’m 60 years old and have been working there for 21 years as a warehouse supervisor.

• Severance pay calculation: Severance is based on a number of factors including the age of an employee, their position and the length of employment. Legally, the most important aspect of an employee’s termination is the severance offered and it is often inadequate. Before agreeing to an initial severance offer, employees should contact an employment lawyer to determine what they are actually owed.
  • LEARN MORE
    • Severance Pay in Ontario
    • Severance in Alberta
    • Severance Pay in BC

Terminated after over a decade and offered 2-month severance

I was let go unexpectedly from a great job after 11 years at a company in a professional role. My boss gave me a cheque for 8 weeks’ pay as severance. When I asked if I was owed more, he told me I could check with the government.

• Minimum severance entitlements: Employees, as well as employees, are often unaware that the Ministry of Labour and the government can only instruct employees on their minimum severance entitlements, and not their full common law severance entitlements. Once a case has been filed with the government, it is not possible for an employee to seek external legal advice and seek further compensation.

Guide to Handling a Bad Boss

• Bad bosses exist in Canadian workplaces: Bad employers typically ignore employees’ complaints and do not communicate properly with their staff. Bad employers only acknowledge mistakes and errors from employees and do not adequately support their staff. Some employers can also be abusive and harass or discriminate against employees.
• When should you do something about a bad boss: Employees who feel their jobs is in jeopardy and their employer is building a case against them should voice their concerns and seek legal counsel. Employees also all have the right to work in a safe and harassment-free environment.
• What should you do if you have a bad boss: Employees should try their best to document all incidents of miscommunication and harassment, whether that is through email or through text. It is important to keep a record of evidence. Complaints can be brought forth to the appropriate department within the workplace first, such as HR. If there is no appropriate party to speak to at the workplace, external help may be needed.
• Attempts to deal with the problem fail: Employees need to remember that they have the right to voice complaints and enforce their rights. Employees that feel they are not properly heard or the issue has not been resolved, can choose to speak to legal counsel. Employees cannot be penalized for voicing complaints.
• Should you quit if you can’t tolerate a bad boss: Employees should not resign from their employment before speaking to an employment lawyer. While there are some situations in which an employee’s resignation can be seen as a constructive dismissal, like harassment and discrimination at the workplace, employees should first speak to an employment lawyer. Employees who simply leave are potentially forfeiting their rights.
• How should a boss or manager react if an employer complains: Employers who feel there have been complaints made by employees should refrain from penalizing the employees or punishing them even if they feel the complaints are inaccurate. Employers should respond truthfully and honestly to the employee and try to corroborate their side of the story with possible witnesses.

My colleagues have been called back from a layoff but I have not

I was laid off in March 2020 due to COVID-19 along with a number of other colleagues. A few of them have already been called by the boss and given severance pay. How much longer do I have to wait to be called back?

• Placed on a layoff: Many employees have been on a temporary layoff for months as a result of the pandemic. Employees do not have to accept a temporary layoff and can treat it as termination and pursue their severance entitlements. Employers do not have the right to lay off employees temporarily despite the COVID-19 pandemic. Employees can choose to accept a layoff but must remember that they could be waiting to be recalled to work for a long time.

Small businesses exempt from paying severance

My employer has moved my shifts down from five to three days a week. Because they’re a small company, are they exempt from paying severance in a constructive dismissal claim?

• Severance pay and company size: Employees do not have to accept a significant change to the terms of employment, such as a dramatic reduction in compensation and hours. Major changes to the terms of employment are reasons for constructive dismissal. Many employees believe that the size of the company affects severance entitlements but in reality, there is no effect on full severance entitlements. A large company and a small business still owe severance to employees.

Federally regulated employee severance entitlements

I was fired last week from a middle manager position after working for the company for 5 years. The severance offer I received only consists of a few days’ pay. I was told that was all I was owed as a federally regulated employee.

• Severance for federally regulated employees: Federally regulated employees are still owed full severance entitlements however the minimum entitlements differ from non-federally regulated employees. Severance is based on a number of factors including the age of an employee, the length of employment and the position.

Forced to resign possibly due to age

One week after turning 60, I received an email from my manager explaining the company’s long-term plans to “revitalize” its vision without me on the team. They have offered to accept my resignation. Do I have to resign?

• Possible age discrimination: Employees cannot be forced to resign or retire as resignation must be voluntary. Employers who have forced employees to resign have effectively terminated their employees and owe them severance. Employers can also terminate employees for any reason other than discriminatory reasons, such as due to an employee’s age. Discrimination is a human rights violation and is illegal and can lead to further damages as well as severance entitlements.

NEXT EPISODE: Employment Law Show S6 E05 – Employment law: True or false part 2

PREVIOUS EPISODE: Employment Law Show S6 E03 – 5 Common Questions about Termination