The Employment Law Show

Long Term Disability Rights | Employment Law Show TV – S2 E12

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 2 Episode 12 of the only employment law show on TV in Canada (formerly known as Employment Hour in 30).

On this episode, we discuss what your rights are when your employer says that you are independent contract, disclosing a pregnancy during a probation period, and more!

What We Covered

► 1:28 A retail store employee took unapproved vacation time. After her return, her employer stopped scheduling her for shifts. When confronted, her employer said she wasn’t fired, but that they would inform her when shifts were available. Was she technically fired? If your employer doesn’t give you work, have you been terminated. Employment Lawyer Lior Samfiru on Constructive Dismissal, or resignation with severance pay.

► 4:11 A caller from The Employment Hour: My girlfriend was let go after she took a “gift of purchase” item from the store she worked at. It was an accepted and common practice. But now they claim it’s not allowed! She was fired for cause after 12 years in a management position. Is she owed severance pay?

► 6:45 A caller from The Employment Hour: My pregnant wife started a new job in a senior position. There is a 6-month probation period. If she tells her employer about the pregnancy within that 6 month probation period, would they be able to legally fire her?

► 8:14 A caller from The Employment Hour: I’ve been in a sales job for the last 6 years. I was hired on commission only. Now, they’re changing the pay structure to include salary. I will lose about $30,000 a year! What are my rights if I quit to find another job?

► 10:18 TerminationQuestions.com: I was let go after an employee said that I harassed him. That is not true, and the company didn’t do any investigation. I was never even asked about it! They said I’m not owed severance, but I don’t think it’s fair.

► 13:16 The Severance Pay Calculator and why over 500,000 people have used it to discover their rights when terminated.

► 14:55 The Severance Pay Calculator example scenario: Mina is 48 and worked in senior management at a large company for 9 years. Without reason, she was fired, and offered 17 weeks of severance pay. The Ministry of Labour told her that the offer is acceptable according to the laws, however The Severance Pay Calculator told her she is owed much more. Who is right?

► 16:48 A caller from The Employment Hour: My friend worked as a food sample host for over a year. The company told her what food to hand out, and at which store, multiple days a week. They would pay her without making any deductions. She was just fired in a downsizing. They said that she doesn’t get severance because she was an independent contractor.

► 20:25 Long-Term Disability Rights: Disability Lawyer Sivan Tumarkin explains that cases involving a dispute with an insurance company are often easy to resolve with assistance from Samfiru Tumarkin LLP. If your claim has been denied or you are cut of LTD or STD, you have rights.

► 23:09 A caller from The Employment Hour: I was on LTD for nearly 3 years, and then the insurance company cut me off, despite the fact that a medical specialist said I need to remain off work. At the same time, my employer would consider me to have quit if I didn’t return. I returned, even though I shouldn’t have. What recourse do I have?

► 24:27 MyDisabilityQuestions.com: My brother James was diagnosed with a psychiatric issue last year. He got short term disability, but then the same insurer denied him long term disability because they say he is not “totally disabled”. I don’t understand how they can approve one but not the other?

► 27:25 MyDisabilityQuestions.com: How long will it take for my case to work through the court system? I was just cut off long term disability after 2 years on the nose, and don’t want to take years to resolve this issue.

Next Episode: Employment Law Show S3 E1 – How to Preserve Your Workplace Rights

Previous Episode: Employment Law Show S2 E11 – Dealing with a Bad Boss