Employer Mistakes | Employment Law Show TV – S3 E13

Episode Summary

MISTAKES THAT EMPLOYERS MAKE WHEN TERMINATING AN EMPLOYEE, can an employer withhold your commission, what to do if you are asked to sign a new employment contract, and more on Season 3 Episode 13 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

► 1:35 An employee was injured at work, and told his boss immediately. They asked him not to apply for WSIB. He ultimately did apply, and was off work for 2 months. When he returned to work, he was handed a letter of termination, without explanation. This would be considered a human rights violation and a reprisal.

► 4:04 A caller from the Employment Law Show: I worked for the same company for 25 years before they were bought by a new company. Despite their promise that things wouldn’t change, they eventually asked us all to sign new Employment Contracts. I refused, so they fired me, and gave me 2 weeks’ pay.

► 7:17 CALLER: I’m a sales rep. Half of my pay is made up of commission. Because some clients don’t end up making us as much money as we expected, my boss has decided to punish me by withholding my commission. Can he do that?

► MISTAKES EMPLOYERS MAKE (Because they don’t know any better)

• 10:22 – When terminating employees, employers only provide severance under The Employment Standards Act
• 11:20 – Putting an employee on a Temporary Layoff, thinking that it is okay to do so
• 12:34 – Not properly distinguishing between an Independent Contractor and an Employee
• 13:24 – Terminating an employee without providing notice of termination in writing
• 14:14 – Firing an employee “for cause” when they don’t actually have cause
• 14:51 – Believing that probationary periods are automatic

► 16:52 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.

► 18:16 The Severance Pay Calculator example scenario: Marco was hired by a local construction company as a general labourer. After 10 months on the job, he was suddenly let go, without any reason whatsoever. When he asked if he would receive 2 weeks’ pay as severance, his supervisor told him that severance rules don’t apply to the construction industry! Is there severance for construction industry?

► 19:45 CALLER: My sister was working for about 15 years before taking a mental health leave. She was denied long-term disability by the insurance company, but has remained off work. Her employer keeps asking her for an update from her doctor. If they fire her, is she owed any severance pay?

► 22:44 CALLER: I’m supposed to return from Maternity Leave soon, but just learned that my managerial position was eliminated due to budget cuts. I’ve been there for 10 years, earning a $70,000 salary. They offered me 6 weeks of termination pay.

► 25:25 From Termination Questions: I’ve worked the same part-time hours at a company for the last two decades. Now they want to drastically reduce my hours, to the point where I might as well just quit! Is a resignation my best option? Would this be a constructive dismissal?

► 26:56 Termination Questions: I’ve been watching your show these past few weeks and now realize that I should have received severance pay after I was fired. Can I still call you? I was fired almost 2 years ago. Is there a limitation period?

Next Episode: Employment Law Show S3 E14 – Constructive Dismissal: Everything You Need to Know

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