Employment Law True or False #2 | Employment Law Show TV – S3 E21

Episode Summary

EMPLOYMENT LAW TRUE OR FALSE, what to do when an employer does not accommodate a disability, whether or not you get severance pay if you are laid off for cause, and more on Season 3 Episode 21 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

Request to accommodate denied

The rotating shifts I am working are impacting my health. My doctor says that for medical reasons, I can only work day shifts. My employer has denied my request. Does my employer need to accommodate my medical condition?

Lior explains why this is a Constructive Dismissal, and how it may also be a human rights violation.

Segment starts at 1:36

CALL: Employer’s duty to accomodate

I have carpal tunnel syndrome, which is limiting my ability to work. My boss won’t accommodate my disability. What should I do?

Lior discusses the duty to accommodate.

Segment starts at 4:49

CALL: Fired for cause and severance

I was laid off for cause. Am I still owed severance pay? How long do I have to take legal action?

Segment starts at 7:23

Employment Law: True or False #2

1️⃣ If you are on disability leave and can’t work, your employer can hire somebody to replace you

Segment starts at 10:06

2️⃣ You can accept a demotion as long as your pay is not reduced

Segment starts at 11:25

3️⃣ When you are let go, you should be paid an earned bonus owed in the future.

Segment starts at 12:48

4️⃣ If your employer did not approve your overtime hours, it means you won’t get paid for overtime work

Segment starts at 13:51

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 16:11

Severance Pay Calculator example

The Severance Pay Calculator example scenario: 46-year-old Sheila worked in sales at the same company for 16 successful years, earning $74,000 per year. One day, the new sales manager pulled her into his office and let her go without any explanation. He offered her 32 weeks of severance pay. Is that enough?

Segment starts at 17:58

CALL: Severance package deadlines

I was dismissed without cause on a Wednesday and told to sign a severance offer by Friday or else the offer would be null and void. Do I have to accept a severance offer by a deadline?

Segment starts at 20:22

CALL: Fired over a doctor’s note

Can I be fired if I don’t give my boss a doctor’s note by a deadline?

Segment starts at 23:34

Restrictive clauses in employment contracts

I was laid off from a federally regulated company. They made us sign new contracts a few years ago that limited our severance – If we didn’t sign, they were going to fire us! So, my severance pay is 12.5 weeks. Can I fight this?

Severance packages for federally regulated workers versus termination pay for provincially regulated employees.

Segment starts at 26:40

Next Episode: Employment Law Show S3 E22 – Temporary Layoffs: What You Need to Know

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