Employment Law Red Flags | Employment Law Show TV – S1 E14

Summary

The Employment Law Show with Canadian employment lawyer Lior Samfiru and co-host John Scholes. Discover your workplace rights and learn everything you need to know about employment law in Ontario and British Columbia on Season 1 Episode 14 of the only employment law show on TV in Canada (formerly known as Employment Hour in 30)

On this episode, we discuss employment law red flags, what “Duty to Accomodate” is, and more!

What We Covered

► 1:25 – A woman was on a maternity leave and decided to return to work early. When she returned, her managerial job was not available to her and she was told to take an administrative job. Two months later, they fired her. Lior outlines the mistakes the employer made, and why you shouldn’t “mess with momma.”

► 4:37 – After 8 years on the job, a 59-year-old truck driver’s employer was bought by a new owner. A short time later, he was suspended and then fired after suffering side effects from a medication that he was taking to fight an illness. He received two weeks’ severance pay. Is he owed a larger severance package?

► 5:50 – Lior explains the Duty to Accommodate and how it comes into play where an ill or disabled employee is concerned.

► 7:54 – After 30 years with the same employer, I was asked to accept a decrease in duties and pay, shifting from a salary to an hourly wage. Being 61, I accepted due to the difficulty of finding other work. Because this is a slow time of year, I took a six-week temporary layoff. With this layoff now on my record, does that mean my past years of employment no longer count?”

► Employment Law Red Flags

• 11:35 – Despite many stellar performance reviews, your employer puts you on a performance improvement plan.
• 12:23 – Your employer gives you half of your coworker’s workload, and moves you to an office much further away.
• 13:02 – After a few years on the job, your employer asks you to sign a new employment agreement.
• 13:49 – You’ve asked your employer – twice – to investigate sexual harassment by a co-worker, but nothing has been done about it yet.
• 14:47 – Your employer says you weren’t “the right fit” for the job, and fires you for cause.
• 16:07 – You are laid off after undergoing major surgery, despite the boss promising full-time work upon your return.

► 18:38 – Lior and John outline the importance of The Severance Pay Calculator in determining the amount of severance you are owed upon termination.

► 19:58 – After 17 years at the company, a senior manager is given 44 weeks of working notice, as his employer wants to phase out his position. He didn’t sign anything regarding working notice. A few weeks into the arrangement, his employer decided to fire him. He wonders if the Ministry of Labour can help, but Lior explains why the ministry’s assistance would be detrimental.

► 22:14 – I’ve been teaching a class for 9 years as an Independent Contractor, according to the school. However, I’ve read online that if I use their equipment, I should be considered an employee. Is that correct?

► 25:26 – A caller to The Employment Hour radio show explained that he was recruited to work as a store manager. Despite achieving great results in his close to two years at the store, he was let go without cause, due to “allegations”. He was offered 2 weeks’ pay plus vacation time. Was he offered a fair amount?

► 26:23 – If you were recruited from another job, can the previous length of service be factored into severance pay?

► 27:36 – Geeta was just let go from her sales job after 9 years. Her employer says she is not owed any severance because she “hasn’t been working that hard lately.” Geeta’s brother is telling her to call the Ministry of Labour rather than a lawyer. He says it will take years for a lawyer to finish her case. What route should Geeta take?

Next Episode: Employment Law Show S1 E15 – Commandments of Termination of Employment

Previous Episode: Employment Law Show S1 E13 – Employment Law: True or False?