What is a Wrongful Dismissal? | Employment Law Show TV – S3 E16

Episode Summary

WHAT IS A WRONGFUL DISMISSAL, being put on a temporary layoff, being let go while on parental leave, and more on Season 3 Episode 16 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 let go after parental leave

I took a parental leave. Before I was scheduled to return to work, I was let go by my employer.

Lior explains how the employer violated his human rights and wrongfully dismissed him.

Segment starts at 1:57

Employee had LTD cut off and was let go

My brother was permanently disabled in an accident. He was off on long-term disability but was cut off. When that happened, his company said he wouldn’t be hired back, and was given 17 weeks of severance pay. He actually wanted to return to work. What can he do?

Segment starts at 4:47

Truck driver put on a temporary layoff

I was a truck driver at a company for over a year. I was told sales were slow and was put on a temporary layoff. After 28 weeks, they said they wouldn’t call me back, and gave me two weeks’ pay. Then they posted an ad for my same job!

Lior explains how severance pay works for truckers and truck drivers.

Segment starts at 8:24

Everything You Need to Know About Wrongful Dismissal (from a wrongful dismissal lawyer)

1️⃣ What is a Wrongful Dismissal?

Segment starts at 11:14

2️⃣ How do I know when I’ve been Wrongfully Dismissed?

Segment starts at 12:05

3️⃣ How common are Wrongful Dismissals?

Segment starts at 13:06

4️⃣ How difficult is it to resolve a Wrongful Dismissal matter?

Segment starts at 13:45

5️⃣ I’ve been Wrongfully Dismissed – what should I do now?

Segment starts at 14:56

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 17:18

Severance Pay Calculator Example

Joyce worked as an executive assistant earning $62,000 a year. When the vice-president she had been working with for 13 years was unexpectedly let go, they let her go as well. Her severance package was 5 months of pay. Should she try asking for more?

Lior discusses severance pay for executive assistants in Canada.

Segment starts at 18:56

Employer refusing to pay severance

14 of us worked for a company that closed its doors a year after it opened. When we were let go, we went to the Ministry of Labour to get our severance pay. They ordered him to pay, but he is trying to avoid payment. What can we do?

Segment starts at 20:31

Severance for federally regulated employees

I was given notice of termination, due to restructuring. I guess that because the company was federally regulated, my severance was 2 days for every year of service. I’m 57, and worked for 7 years in a clerical position.

Segment starts at 24:12

Employee let go after posting on social media

I was fired “for cause” because of something I had posted on my Facebook page after having a frustrating meeting with the plant manager and my foreman. Is that fair, considering the comments were made outside of the workplace?

Segment starts at 26:33

Next Episode: Employment Law Show S3 E17 – When an Employment Lawyer Can Help

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