Let Go Without Realizing It | Employment Law Show TV – S3 E19

Episode Summary

BEING LET GO WITHOUT REALIZING IT, what to do when a company says that employers will no longer earn overtime pay, and more on Season 3 Episode 19 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

Workplace Harassment

What should I do if I am fired after a coworker files a sexual harassment complaint against me? What is a company’s responsibility if allegations of harassment are made?

Segment starts at 1:16

Let go while on maternity leave

My wife is a project coordinator at a software company. She is about to return from maternity leave. The company is letting people go, and giving them low severance pay. Can a company fire somebody who is on maternity leave if it is part of a restructuring?

Segment starts at 4:04

Employer cancels overtime

My friend works on salary plus commission in a sales role. The company told employees that they will no longer earn overtime pay beyond 40 hours a week. Does that sound right?

Lior discusses overtime pay for salaried employees.

Segment starts at 6:35

Being Let Go From Your Job Without Even Realizing It

1️⃣ You are out on a Temporary Layoff

Segment starts at 8:46

2️⃣ Your employer changes the terms of your employment

Segment starts at 9:38

3️⃣ You are put on an unpaid suspension

Segment starts at 10:27

4️⃣ The company you work for is being sold

Segment starts at 11:18

5️⃣ You have to deal with a poisoned work environment

Segment starts at 12:18

6️⃣ You are sick or injured and cannot return to work

Segment starts at 13:36

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 15:51

Severance Pay Calculator example

The Severance Pay Calculator example scenario: 58-year-old Carolyn was hired as a supervisor at a retail chain, after the previous supervisor left for another job. Just 9 months later, Carolyn was fired because the previous employee wanted her job back! Is that legal? And is she owed more than 2 weeks’ pay?

Segment starts at 17:09

Written warnings after injury

I hurt myself at work, and filed a WSIB claim. Now, after 8 years with no issues, my boss has issued 3 written warnings. I think they’re trying to kick me out. Do you have any advice? Can I be let go after three written warnings?

Segment starts at 19:05

Severance pay for long-service employees

My wife was laid off after 19 years. They’ve given her and other employees one year’s notice. Is she entitled to any severance pay on top of working notice?

Lior explains severance pay and working notice.

Segment starts at 22:30

Being put on a Performance Improvement Plan

I missed my sales goal by 2% last year, despite my best efforts during a tough year for our industry. Now I’m on a performance improvement plan. If I don’t meet targets within 6 months, they will consider letting me go. After 6 years of hard work, I don’t think this is fair at all.

Segment starts at 25:10

Long-term disability cut off

I was cut off Long-Term Disability by the insurance company because they deemed that I am well enough to return to work, despite no medical evidence. Now my boss will fire me if I don’t return to work. Would I be owed termination pay?

Segment starts at 26:56

Next Episode: Employment Law Show S3 E20 – Severance Pay: Everything You Need to Know

Previous Episode:  Employment Law Show S3 E18 – Employee or Independent Contractor?