What You’re Getting Wrong About Terminations | Employment Law Show TV – S3 E27

Episode Summary

WHAT YOU’RE GETTING WRONG ABOUT TERMINATIONS, being let go because the employer was bringing in younger, cheaper labour, and more on Season 3 Episode 27of 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 (formerly known as Employment Hour in 30).

Episode Notes

Placed on an unpaid suspension

I work at a bank and was placed on an unpaid suspension while my employer conducted a workplace investigation. Are unpaid suspensions legal?

Segment starts at 1:26

CALL: Employee reprimanded for requesting vacation

I gave my employer a week’s notice about vacation time, which they had no issue with. However, when I returned, I was written up for failing to give them enough advance notice! They took me off the schedule, and won’t put me back on until I sign the write-up.

Segment starts at 4:35

CALL: Harassment in the workplace

Somebody posted comments online about me that were extremely slanderous. My employer conducted a workplace investigation. Now they want me to sign a document that states I am sexist and racist. What are my rights?

Segment starts at 7:18

What You’re Still Getting Wrong About Terminations

1️⃣ Your employer can legally let you go for many reasons

Segment starts at 10:04

2️⃣ That termination “for cause” is likely NOT legitimate

Segment starts at 10:58

3️⃣ You should not go to the Ministry of Labour if you have been let go

Segment starts at 12:14

4️⃣ Severance is not based on what the employer wants to pay

Segment starts at 13:49

5️⃣ You do not have to sign your termination papers on the way out the door

Segment starts at 14:54

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 18:06

Severance Pay Calculator example

The Severance Pay Calculator example scenario: 43-year-old Raoul worked in a sales role at a company for 12 years. When a local competitor began eating into the company’s profits, Raoul’s manager increased his sales goals. Raoul failed to meet the new quota, and was let go a month later, with 12 weeks’ severance pay. How much was he really owed?

Segment starts at 19:28

CALL: Let go following new hires

I was let go after 6 years. The company recently brought in younger, unqualified employees. I think their goal was to replace senior employees to avoid paying higher wages. Is that age discrimination?

Segment starts at 22:05

CALL: Severance pay limited by contract

I was working as a director at a company when a new management team was brought in. A week before Christmas, the new VP I reported to let my team and I go. 3 years ago, I signed an employment contract that limited my severance to 1 week per year of service. Can I get more severance pay?

Segment starts at 25:31

Denied long-term disability

My brother is an HVAC employee who severely hurt his shoulder outside of work. He made a long-term disability claim but was denied because he had taken anti-anxiety medication briefly – 6 years ago! He’s still not able to return to work a year later, but now his boss is telling him he needs to come back in order to keep his job.

Segment starts at 27:49

Next Episode: Employment Law Show S3 E28 – Ministry of Labour: Everything You Need to Know

Previous Episode:  Employment Law Show S3 E26 – Working Notice of Termination: Everything You Need to Know