Rights in Aging Workforce | Employment Law Show TV – S2 E9

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

On this episode, we discuss your rights in an aging workforce, unknowingly being on a performance plan, and more!

What We Covered

► 1:34 After being hired as a Sales Manager, our client was fired after 2 months. The employer said that it just wasn’t working out, and wasn’t “the right fit”. The employer said that because he was still within the 3 month probation period, they didn’t owe him anything, but would kindly give him a week’s worth of severance pay. Lior explains why automatic probation periods DO NOT EXIST outside of an employment agreement, and why he is owed MORE than a week’s pay because of his short service status.

LEARN MORE
Severance when you’ve haven’t worked somewhere for very long

► 4:45 A caller from The Employment Hour: I started a new job a year ago as a crane operator. On the 3rd day, my trainer slapped me! I told my manager about it, be he didn’t take any action, so I walked away from the job. I didn’t receive any severance pay. It took me 9 months to find another job. What are my rights after experiencing workplace harassment or workplace violence? Lior explains what Constructive Dismissal is.

► 7:39 A caller from The Employment Hour: I just learned that I have been on a performance improvement plan for the last 2 months without being made aware of it. Can they do that without telling me, even if the plan is just an informal one?

► Your Rights in an Aging Workforce

• 10:34 – What can employers do with older employees who become less productive? Lior discusses the Duty to Accommodate.
• 11:30 – What should an employee do if they are struggling with their job?
• 12:39 – Can an older employee be disciplined if they can’t “keep up” anymore?
• 13:34 – Can an employer terminate an employee because they have become older and less productive?
• 14:21 – If an employer has no choice but to terminate an older employee, what type of severance pay should they expect to provide?
• 15:02 – If an employee feels that they were let go because of their age, what should they do?

► 17:02 The Severance Pay Calculator and why over 500,000 people have used it to discover their rights.

► 18:16 The Severance Pay Calculator example scenario: Sherri was just restructured out of her senior management job at a bank. She’s 57 and worked for 18 years. Her employer offered her 36 weeks of severance pay. The bank said that because they are federally regulated, they actually owe her much less than that, but they wanted to be “generous”. Should she accept their generosity? Is that a fair severance package?

► 20:46 A caller from The Employment Hour: I’m a veterinarian, working 38 hours a week at a clinic. I’m considered self-employed, so I charge my employer 13% HST on every invoice. Because I’m not working anywhere else, am I actually an employee? Lior talks about veterinarians and severance pay.

► 23:41 A caller from The Employment Hour: My wife was working as a welder for 16 years. She was placed on a Temporary Layoff in November. Her employer said if she wasn’t called back within 35 weeks she would receive severance pay. Is that 35 weeks a fair period of time?

► 25:51 TerminationQuestions.com: I’ve been with a company for 12 years. We’ve just been sold to another company. The new owner is demanding I sign a new employment agreement. Do I have to sign it? If I refuse to, can they legally fire me?

Next Episode: Employment Law Show S2 E10 – Need to watch your back when…

Previous Episode: Employment Law Show S2 E8 – It’s Going to Cost an Employer If…

Experiencing an Employment Issue?

Before you call a lawyer, use the Pocket Employment Lawyer to find out if you might have a case.

Use The Severance Pay Calculator to find out how much severance pay you may be owed upon termination.

Call 1-855-821-5900, email Help@EmploymentLawyer.ca or fill out a contact form to get help now.

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