Constructive Dismissal | Employment Law Show TV – S3 E14

Episode Summary

EVERYTHING YOU NEED TO KNOW ABOUT CONSTRUCTIVE DISMISSALS, what to do when a boss is asking you to retire, can you be terminated for cause if you use social media in the workplace, and more on Season 3 Episode 14 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

Social media use in the workplace

An employee and her coworkers were often on Facebook and social media at work, but it never impacted their performance. The company introduced a new policy against social media use at work. She was terminated for cause very next day. Was that fair?

Segment starts at 1:45

Employee offered inadequate severance

I was fired and offered a severance package. I checked The Severance Pay Calculator and found that I am owed more than I was offered. How do I go about asking HR for a more generous severance offer? I am 46, and worked 15 years in a professional job.

Segment starts at 4:58

Employee forced to sign discipline letter

My wife is a Sales Manager with 8 years at the company. Despite constantly receiving accolades about her work, a new district manager wants her to sign an unwarranted discipline letter. Does my wife have to sign the letter? We feel they will use it to terminate her so they can replace her with somebody else.

Segment starts at 7:28

Constructive Dismissal: Everything You Need to Know

1️⃣ What is a Constructive Dismissal?

Segment starts at 9:44

2️⃣ How do you know if you’ve been constructively dismissed? What are the most common scenarios?

Segment starts at 10:38

3️⃣ Can I get severance if I am constructively dismissed?

Segment starts at 11:53

4️⃣ What if I decide to continue working after a negative change to my job?

Segment starts at 12:41

5️⃣ I think I’ve been constructively dismissed. Should I quit now and then seek severance pay?

Segment starts at 14:09

Severance Pay Calculator

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.

Segment starts at 16:07

Severance Pay Calculator Example

Darnell worked in a technical role at a company for 32 years, earning $71,000. Around his 65th birthday, management asked him multiple times to consider retiring, so he could enjoy life and make way for the next generation of employees. A few months later, they let him go. Because of his time at the business, they gave him 16 weeks’ pay as a parting gift. Was this age discrimination?

Segment starts at 17:45

Employer posts employees job online

I discovered that my employer has placed an ad for a position identical to my job, and I have no doubt that they are planning on replacing me. Have their actions created a poisoned work environment?

Segment starts at 19:52

Employee vs. Independent Contractor

6 years ago I was hired to manage a store. For tax purposes, I was considered to be self-employed (an independent contractor). A few weeks ago, I was given 2 – 4 weeks to look for a new job. Am I owed any severance pay?

Segment starts at 23:04

Severance pay for federally regulated employees

I was terminated without any advanced notice, without a legitimate reason, after 9 years. I’m probably not owed much because I’m in a federally-regulated job, correct?

Lior discusses severance for federally regulated employees.

Segment starts at 26:36

Employer rejects resignation

My wife worked for at a place for 5 years. She just gave her two weeks’ notice – she was tired of having new job responsibilities forced upon her every year! Her boss said she legally must work 3 more weeks because she worked there for more than 3 years. Is that really the rule?

Segment starts at 27:42

Next Episode: Employment Law Show S3 E15 – Top Employment Law Issues of 2019

Previous Episode:  Employment Law Show S3 E13 – Mistakes Employers Make