Forced Resignations | Employment Law Show TV – S3 E24

Episode Summary

EVERYTHING YOU NEED TO KNOW ABOUT FORCED RESIGNATIONS, what to do when an employer fails to investigate a harassment claim, and more on Season 3 Episode 24 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

Signing Consecutive Contracts

Every few months I sign a new work contract. When my latest contract ended, I was told that my contract would not be renewed. Was I a contractor or regular employee after signing consecutive contracts?

Segment starts at 1:27

Asked to Return Severance to Get New Job

I was let go from a small business, and given a severance package. They now want me to return part-time, but will only take me back if I return my severance pay. Do I have to return it?

Segment starts at 4:40

Harassment Becomes Constructive Dismissal

My employer failed to investigate my harassment claim against a coworker. I filed a complaint with the Ministry of Labour after being urged to do so by HR. Human Resources also suggested that this could be a form of constructive dismissal. Is that correct?

Segment starts at 7:30

EVERYTHING YOU NEED TO KNOW ABOUT FORCED RESIGNATIONS

1️⃣ What is a real resignation? Do I get severance if I resign?

Segment starts at 10:07

2️⃣ What happens if an employee is told to “resign, or else”? What should they say? What is a forced resignation?

Segment starts at 11:00

3️⃣ Is it better to have resigned than to have been let go?

Segment starts at 12:10

4️⃣ How do I prove that I was forced to resign?

Segment starts at 13:36

5️⃣ What if an employee resigns because something happened in the workplace that made it very difficult to continue working?

Segment starts at 14:16

Severance Pay Calculator

Lior Samfiru explains how the Severance Pay Calculator works and why over 1,000,000 Canadians have used it to discover their rights when a wrongful dismissal scenario is at play.

Calculate severance pay through the Severance Pay Calculator here.

Segment starts at 16:23

Fired by New Manager Despite Praise

I was let go for cause by a new manager, despite receiving continuous praise from the company the past nine years. I wasn’t given any severance pay. Am I owed severance if I was let go for cause?

Segment starts at 18:16

How Long Do I Have to Get Severance?

I was laid off by an employer over four years ago, but never pursued severance pay. Is there something I can do now or has the time period expired? How long do I have to pursue severance pay?

Segment starts at 20:30

Position Eliminated, Doing Different Tasks

My friend has worked at a bank for the last 25 years. The bank eliminated her position, and now she is doing random tasks on a day-to-day basis. Is this a constructive dismissal?

Segment starts at 23:58

Stress Leave Due to Performance Plan

I was put on a performance review plan. I disagreed with it, but they said they would fire me if I didn’t accept. The process was biased and I became so stressed that I had to take a 3-month anxiety leave. I am returning soon, but they will put me back on the plan. What should I do?

Segment starts at 26:45

Next Episode: Employment Law Show S3 E25 – 5 Common Employment Law Scenarios

Previous Episode:  Employment Law Show S3 E23 – 5 Rights Often Overlooked by Employees