Termination for Cause / Dismissal For Cause | Employment Law Show TV – S3 E11

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 3 Episode 11 of the only employment law show on TV in Canada (formerly known as Employment Hour in 30).

On this episode, we discuss what is a termination for cause, what to do when an employer asks you to undergo an independent medical examination, dealing with a manager who will only pay overtime if the extra time produces results, and more!

What We Covered

► 1:24 A woman returned to work from a disability leave after getting approval from her doctor. After her return, she made a small mistake on the job. Her employer didn’t think she was ready to return, and told her she had to return to a disability leave, even though her doctor’s still felt that she had no issues. Lior discussed her rights.

► 3:51 A caller from The Employment Law Show: My boss told me that he can’t afford me, and that he wants me to go on “pogey”, or Employment Insurance. Is he basically laying me off without severance pay? I’m a 55-year-old manager with 8 years on the job.

► 6:14 CALLER: My boss is extremely hard to work with, and he’s breaking a number of health and safety rules at work. He’s starting to really give me trouble. What are my rights in this situation?

► TERMINATION FOR CAUSE: Everything You Need to Know!

• 8:46 – What is a Termination For Cause?
• 9:17 – How Difficult is it to establish a Termination For Cause?
• 10:26 – Is length of employment a factor in a Termination For Cause?
• 11:04 – How many “chances” should an employee get?
• 11:52 – Do you get any severance if you are fired for cause?
• 12:20 – How does an employer build a case to terminate somebody “for cause?”

► 14:03 The Severance Pay Calculator and why over 500,000 Canadians have used it to discover their rights, when a wrongful dismissal scenario is at play.

► 15:14 The Severance Pay Calculator example scenario: 46-year-old Vivian had worked 4 years at a company when it was bought by new owners. 1 year later, she was fired without cause. Her employer said 2 weeks’ pay for her 1 year of service with them was a fair offer. Should she take it? She earned $57,000 in a professional job.

► 17:32 CALLER: I am on a disability leave. My employer is asking me to undergo an independent medical examination. How many of these can an employer make me do?

► 20:20 CALLER: My wife was fired last week after working 26 years at the same practice. She was offered 8 weeks of severance pay, that’s it. She has been devastated by this, and has no idea what to do.

► 23:54 From Termination Questions: The company has called me an Independent Contractor for 15 years, but I am pretty sure that I’m at least a Dependent Contractor. When I brought this up, they cut my commission IN HALF! How should I respond?

► 25:39 From Termination Questions: I was just fired after 5 years for very vague “performance issues”, despite the fact that my team blew beyond sales expectations for the quarter. I have a feeling this is related to a discrimination issue I brought up recently involving a manager. What should I do?

► 27:35 From Termination Questions: My employer asked me to work overtime hours the last few weeks. She said if that extra time ends up producing results, she will begin paying me for it. Does that sound right? Please note that I am salaried.

Next Episode: Employment Law Show S3 E12 – Your LTD Rights and Return from a Medical Leave

Previous Episode:  Employment Law Show S3 E10 – Lior Samfiru, What Should I Do?!