Severance Pay Deadlines | Employment Law Show TV – S3 E30

Episode Summary

ALL ABOUT SEVERANCE PAY DEADLINES, an employer’s failure to accommodate an employee following an accident, and more on Season 3 Episode 30 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

Boss Asking Me to Retire

Is my boss allowed to ask me to retire from my job after 39 years with the company? This is making me feel very uncomfortable.

Lior explains that a forced resignation can be treated as a constructive dismissal in Canada.

Segment starts at 1:30

No Job to Return to After Accident

I took a doctor-recommended medical leave 2 years ago after an accident. I’m running out of money and need to return to work as a forklift driver. However, when I asked about returning, the company’s secretary said I no longer have a job. What are my rights?

Lior explains that the employer can’t fire the employee because of their medial issue, and must accommodate them in the workplace.

Segment starts at 5:00

Fired Without Severance Due to Performance Issues

I was terminated without severance after receiving one written performance warning. Was I wrongfully dismissed?

Lior explains what truly constitutes a wrongful dismissal. He also reveals why a performance issue does not automatically trigger a termination for cause (without severance pay).

Segment starts at 7:49

Severance Pay Deadlines: What You Need to Know

1️⃣ How is a typical severance pay offer structured?

Segment begins at 9:32

2️⃣ Should someone that has been let go be concerned about a severance deadline? What happens if they don’t sign by the deadline?

Segment begins at 10:30

3️⃣ Why do employers bother putting deadlines on severance offers?

Segment begins at 11:34

4️⃣ an an employee ask for more time, if they have not had time to obtain legal advice?

Segment begins at 12:23

5️⃣ If someone signs a severance offer because they felt pressured by a deadline, can they do something about it?

Segment begins at 13:00

6️⃣ You just lost your job, and have been handed a severance offer with a deadline. You’re shocked. What should you do?

Segment begins at 14:31

Severance for Federally Regulated Employees

Do federally regulated accountants get severance pay? I’m 59 and worked 3 years for a company, and was told I am only owed one day per year of service.

Lior explains that federally regulated employees, including accountants, are owed full severance pay under common law. Severance packages in this case are much larger than one day per year of service. He uses the Severance Pay Calculator to determine what this employee may actually be entitled to.

Segment starts at 16:25

Can my boss change my vacation?

I booked a vacation day a month ago with my boss’ permission. Now, just a week before the day off, he’s changed his mind and says that I must work. I’ve already paid for numerous aspects of my vacation. Can my boss change my vacation?

Segment starts at 19:55

Can my boss change my vacation?

My employment was terminated without any specific cause beyond a slowdown in business. I worked in a management position for the company since 1998, making around $140,000 per year. Am I owed any severance pay?

Lior explains that an employee is owed severance when they are laid off due to slow business.

Segment starts at 23:42

Severance for Supervisors and Unionized Employees

I was just let go from a manufacturing plant, where I worked as a supervisor. I’m not part of a union, but some of the other workers who were fired are unionized. Can you help me and the others get severance pay?

Lior explains that, while he can secure severance pay for the non-unionized supervisor, the same can’t be said for his unionized coworkers. An employment lawyer does not have the legal authority to represent unionized individuals in severance pay negotiations.

Segment starts at 25:30

New Employee Taking My Responsibilities

Can my boss give most of my responsibilities to a new hire? After 6 years on the job, this change will be embarrassing for me, and will make it hard to work with coworkers and clients.

Lior explains why an employee should pursue a constructive dismissal claim when they experience a demotion or change in responsibilities.

Segment starts at 27:31

Next Episode: Employment Law Show S3 E31 – 5 Things an Employment Lawyer Can Do

Previous Episode: Employment Law Show S3 E29 – LTD Insurance Claims