Owed More Severance Than You Realize | Employment Law Show TV – S3 E8

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 8 of the only employment law show on TV in Canada (formerly known as Employment Hour in 30).

On this episode, we discuss the reasons why you may be owed more severance than you realize, dealing with an unpaid suspension, being fired after asking for a medical accommodation and more!

What We Covered

► 2:00 An employee was fired for cause after a random drug test at work found marijuana in his system. He admitted to smoking marijuana days before work, and was not under the influence while at work. Was this a valid termination for cause? Does an employer have the right to force employees to take a random drug test? Lior discusses marijuana in the workplace.

► 5:09 A caller from the Employment Law Show: My wife lost her job when the company closed their office. She’s going through the Ministry of Labour, and there’s a question about whether the company is federally regulated. Is she owed any severance pay?

► 8:11 CALLER: My son was sent home for 3 days without pay because he was late. Can his boss suspend him without pay? Are unpaid suspensions legal?

► YOU ARE OWED MORE SEVERANCE THAN YOU REALIZE…

• 10:40 – if you are terminated for cause
• 12:07 – if your company is taken over by a new employer
• 14:01 – if you are terminated after a short amount of time on the job
• 14:48 – if you’ve been working as an “Independent Contractor”
• 15:51 – If you were hired without signing an employment agreement.

► 18:03 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.

► 19:46 The Severance Pay Calculator example scenario: 63-year-old Jay was working as a senior accountant at a large firm when his position was suddenly eliminated. He spent 28 years at the company, and earned $76,000 plus bonus and benefits. He was offered 26 weeks’ severance pay. What is he really entitled to?

► 22:02 CALLER: Can the company change your work schedule? I work Monday to Friday, but now they want me to work Saturdays. Is that considered constructive dismissal?

► 25:14 CALLER: I was fired from a call centre after requesting accommodation at work due to neck pain from a previous accident. I worked there for 7 months. Do I have any rights?

► 27:34 From Termination Questions: My former employer told me that because the company has a small payroll, I am not entitled to severance. That doesn’t sound right, does it?

Next Episode: Employment Law Show S3 E9 – Everything You Need to Know About a Non-Competition Clause

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