5 Things Employment Lawyer Can Do | Employment Law Show TV – S3 E31

Episode Summary

REASONS TO CALL AN EMPLOYMENT LAWYER, severance for contractors, employment contracts, mental breakdowns, and more on Season 3 Episode 31 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

Employer refuses accomodations

I developed chronic back pain while working as a truck driver. My doctor says I need to drive less. When I asked my employer for accommodation with short-haul routes, they told me that I had quit. Am I owed severance pay, or am I an independent contractor?

• Lior explains the difference between a contractor and employee.

Segment starts at 1:18

Employee vs. Independent Contractor

I was hired by a company as an independent contractor for 5 years. I was then made a full-time employee for 6 years. The business is being sold. My severance package is only based on my 6 years as an employee. Should my severance be based on my full 11 years of employment?

• More on severance pay and how it’s calculated.

Segment starts at 5:26

Employee induced to leave secure job

I was lured away from my job of 18 years for a sales position with a new employer. After 3 months of work, the business has slowed down, and my new employer is thinking of letting me go. What are my options?

Segment starts at 7:46

5 THINGS AN EMPLOYMENT LAWYER CAN DO

1️⃣ Secure a fair severance package

Segment starts at 9:35

2️⃣ Evaluate your employment contract

Segment starts at 11:36

3️⃣ Make sure you don’t give up your legal rights

Segment starts at 13:18

4️⃣ Give your employer a “kick in the pants” when they need it

Segment starts at 14:10

5️⃣ Handle negotiations with your employer

Segment starts at 15:11

Severance Pay Calculator Example

53-year-old Hamid was let go after working in a technical role for 6 years and was given a cheque for 2 weeks’ severance pay. Hamid’s employer said he wasn’t entitled to anything else, as per his employment contract. But Hamid doesn’t recall ever signing one, and his employer now refuses to provide him with a copy. What should he do?

Segment starts at 17:11

Employer reducing comission

My employer wants to reduce my commission structure by more than 50%. Is this something they can do?

• More on constructive dismissal via a change in pay

Segment starts at 21:17

Severance pay for long-service employee

I was let go from my sales job today. I’m 60 years old and worked there for 20 years. In terms of severance pay, they gave me about 3 months of salary continuation, which includes employee benefits. Am I owed anything more?

Segment starts at 25:11

Employer refusing to pay severance

I had a near mental breakdown while at work last week. My boss gave me two choices on the spot: take a demotion and pay cut or lose my job. I chose the second option. My employer is aware of my mental health challenges, but instead of trying to help me, they pushed me out the door without severance.

Segment starts at 26:45

Next Episode: Employment Law Show S3 E32 – Rights When a Business Is Sold

Previous Episode: Employment Law Show S3 E30 – Severance Pay Deadlines