The Employment Law Show

Worst Times to Terminate | Employment Law Show TV – S1 E16


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 16 of the only employment law show on TV in Canada (formerly known as Employment Hour in 30).

On this episode, we discuss the worst times to terminate an employee, your rights when your company moves to a new location, and more!

What We Covered

► 1:23 – A plant manager was let go after 6 months when the relationship with the company did not work out. The company offered him 3 weeks’ severance pay. Prior to this, he was working at another job for 15 years and was recruited to come to this new company. Does recruitment and previous of seniority factor into a severance package?

► 2:23 – Recruited from another job? Previous length of service may factor into severance pay.

► 4:13 – A listener called The Employment Hour to say that he has been with a company for 14 years. Work is slow, so they want to move him from a day shift to an afternoon shift. If he refuses, and they fire him, is he owed severance pay?

► 5:31 – A change in shifts could be treated as a constructive dismissal, resulting in resignation with severance.

► 7:33 – After a car accident three years ago, I went on long-term disability. My insurance cut me off last year, and I have unsuccessfully appealed 3 times. After the third appeal, my boss fired me. She said because the insurance company said I was no longer injured, she legally didn’t need to keep me on anymore. How do I get my job back?”

► 8:39 – Insurance companies will use the appeals process to run out the clock on your LTD claim.

► The WORST Times for an Employer to Terminate an Employee

• 10:45 – When an employee asks about taking a disability leave, or comes back from a disability leave.
• 12:02 – When an employee raises harassment allegations against a boss or co-worker.
• 13:17 – Right after you reduce employee compensation, or get them to sign a new contract of employment.
• 14:02 – Right before an employee is due a large bonus or commission payment.
• 14:53 – When an employee announces that they are pregnant or when they come back from maternity leave.

► 17:09 – Lior explains how The Severance Pay Calculator – Canada’s original severance pay calculator – may help you avoid an inadequate severance offer following termination.

► 19:02 – I took a day off work last week to battle a cold. My new manager thought that I was simply trying to avoid work, and decided to fire me. The company offered me 7 weeks of severance for 6 years of service, but with a rule – for every day that I failed to accept the offer, my manager would remove 1 week’s pay from the total. Is that legal?

► 20:46 – A caller to The Employment Hour radio show asked “What is the basic amount of time for somebody to be eligible for severance pay? People in my field are often put on a temporary layoff. I understand that if you are off on a layoff, you have to reapply for your job 6 months later if you’re still interested in working.”

► 23:11 – I am a 40-year-old executive with 15 years of service. How much severance am I owed upon termination? What would happen if my employer offered to keep me in my current job for 2 months, but I was able to find a new job before the working notice ended?

► 25:45 – I have worked at a U.S. based company for 30 years. They just announced that our office in Toronto will close and we will be moved to Cambridge – doubling my commute to 90 minutes one way! Do I have to accept that? Do I even have any rights because the company is American and observes American employment laws?

► 26:27 – If you work in Canada, only federal and provincial labour laws apply.

► 27:56 – Lior talks about why he created the Severance Pay Calculator and why it is important to have this information at your fingertips.

Next Episode: Employment Law Show S1 E17 – May Have Been Constructively Dismissed If…

Previous Episode: Employment Law Show S1 E15 – 10 Commandments of Termination

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