How to Preserve Your Workplace Rights | Employment Law Show TV – S3 E1

Episode Summary

HOW YOU CAN PRESERVE YOUR WORKPLACE RIGHTS, what to do if you are punished for refusing unsafe work, and more on Season 3 Episode 1 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

Employee fired for refusing unsafe work

I’m a truck driver, and I told my employer that my truck was no longer safe to operate. When I refused unsafe work, my employer fired me. Can an employee be punished for refusing unsafe work?

Segment starts at 1:50

Fired while on maternity leave

When my wife took maternity leave, they told her they would try to find her work when she returned. They were ultimately unsuccessful. Was that right? Was she paid enough severance?

Segment starts at 4:33

Fired while on an unpaid leave

I took a 1-year unpaid leave. When I returned to work, there was no job for me. What should I do?

Segment starts at 8:20

How to Preserve Your Workplace Rights

1️⃣ Don’t quit unless it’s completely voluntary

A resignation should only happen if an employee decides of their own free will that they don’t want to work for the company anymore. If you resign because someone tells you to, or because you feel forced, that is not a real resignation. That means it’s a termination. But unless there is a record that you resigned under duress, it will look like a termination. If you are forced to resign, put a record of it in writing and send it to your employer. Then call an employment lawyer and make sure you get severance.

Segment starts at 11:09

2️⃣ Don’t take one for the team at your own expense

If you’re facing a change to the terms of your employment, such as a pay cut, and you accept the change you’ve opened the door for the company to do it again and again. Later on, if they want to reduce your pay again, you may have no legal avenues to pursue. If the terms of your employment change, you have to do something about it. Object, say no, or treat it as a constructive dismissal.

Segment starts at 12:58

3️⃣ Don’t forget about your employer when you are off on an extended medical leave

If you’re off on an extended medical leave, keep in touch with your employer, and keep them up to date. Once in a while, update your employer, let them know you’re still working on getting better and coming back to work. You don’t want your employer to say ‘We haven’t heard from you in a year, we thought you weren’t coming back.”

Segment starts at 14:17

4️⃣ Don’t file a complaint with the Ministry of Labour if you lose your job

You should absolutely not go to the Ministry of Labour, or the Labour Board, if you lose your job. The Ministry of Labour can only enforce a small percentage of your entitlements. Unfortunately, once you go to the Ministry of Labour, you can’t undo it, change your mind, and get help from an employment lawyer.

Segment starts at 15:06

5️⃣ Don’t accept a temporary layoff or other big changes to the terms of employment.

Generally speaking, a temporary layoff is not something an employer has the right to do. In most cases, the law views it as a termination – unless you accept it. The problem with accepting it is that you are giving the company the right to do it again. If you are recalled from a layoff after accepting, your employer can lay you off again.

Segment starts at 16:39

Severance Pay Calculator

The Severance Pay Calculator and why over 550,000 people have used it to discover their rights, when a wrongful dismissal scenario is at play.

Segment starts at 19:10

Severance Pay Calculator example

The Severance Pay Calculator example scenario: Severance for an electrician with 17 years of service. He was fired after one heated exchange with a new supervisor. Is that a for cause termination?

Lior discusses terminations rights for non-unionized electricians, and how much severance pay an electrician should get.

Segment starts at 20:27

Employee put back on probationary period

When I asked for a raise, I was put on probation and fired during the probation period. I received no severance pay. What are my rights?

Segment starts at 22:17

Denied LTD and then fired

I applied for long-term disability, but my claim was denied. After that, my employer fired me, claiming that they had disbanded the department I worked in.

Segment starts at 25:56

Next Episode: Employment Law Show S3 E2 – Ridiculous “For Cause” Terminations

Previous Episode:  Employment Law Show S2 E12 – How to fight an LTD Claim