Can’t Be Let Go | Employment Law Show TV – S3 E6

Summary

The Employment Law Show with Canadian employment lawyer Lior Samfiru and co-host John Scholes. Discover your workplace rights and learn everything you need to know about employment law in Ontario and British Columbia on Season 3 Episode 6 of the only employment law show on TV in Canada (formerly known as Employment Hour in 30).

On this episode, we discuss situations where your employer cannot let you go, whether or not your employer has a right to know if you have a medical condition, and more!

What We Covered

► 1:54 An employee was sick for a few days. He provided his employer with a doctor’s note from a walk-in clinic. He was told that he needs a note from his family doctor, and must provide his boss with a diagnosis. Is a doctor’s note from a walk-in clinic legitimate? Does your employer have a right to know what your medical condition is?

READ MORE
• Doctor’s notes in Ontario
• B.C. employees and sick notes
• Alberta employers and sick notes

► 5:30 A caller from The Employment Hour: I’ve been working at a job I love for 6 years now, and am the company’s top salesperson. However, my pay is now being switched from commission to a base salary plus very little commission. I will stand to lose $30,000 per year. What are my rights?

► 9:00 A caller from The Employment Hour: I am being harassed by a coworker. I reported it to HR, but they didn’t take the complaint seriously. They offered accommodation that just won’t work. I am currently on medical leave as a result. Can I resign?

► You Can’t Be Let Go From Your Job…

• 12:33 – You can’t be let go from your job FOR DISCRIMINATORY REASONS (this includes age, ethnicity, etc.) This would be a human rights violation.
• 13:15 – You can’t be let go from your job BECAUSE YOU ARE SICK AND CANNOT WORK (Can I be let go because I am sick?)
• 14:48 – You can’t be let go from your job BECAUSE YOU HAVE A DRUG OR ALCOHOL PROBLEM.
• 15:44 – You can’t be let go from your job IF YOU COMPLAIN ABOUT WORKPLACE HARASSMENT
• 16:38 – You can’t be let go from your job FOR TRYING TO ENFORCE YOUR RIGHTS IN THE WORKPLACE

► 18:32 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.

► 19:57 The Severance Pay Calculator example scenario: 58-year-old Kelly was a life insurance advisor for 18 years. After an honest mistake at work, she was let go. Her HR rep told her that they would provide her with a generous 18 week severance package. Kelly thinks she is owed more, but is afraid she might lose the offer if she tries to negotiate.

► 22:09 A caller from The Employment Hour: I worked full-time from June until January. When business slowed down, they decided to lay me off. Are you owed any severance when you are laid off?

► 24:59 A caller from The Employment Hour: I went on parental leave. The day I came back to work, they told me they had to let me go due to “restructuring”. Others were let go, but the employee who had temporarily replaced me stayed on in my position.

► 27:44 From Termination Questions: I was just told this week that I have to sign a new employment agreement and that if I don’t sign it in one week, I will be fired. What can I do?

Next Episode: Employment Law Show S3 E7 – Probationary Periods & Termination Rights

Previous Episode: Employment Law Show S3 E5 – Everything You Need to Know About Reprisals