Top Myths of Termination | Employment Law Show TV – S4 E1

Episode Summary

THE TOP MYTHS OF TERMINATION, fired after doctors’ notes provided, inadequate severance pay, and more on Season 4 Episode 1 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

Employee’s workload is doubled to cut costs

A company decided to cut costs by eliminating employees and moving their responsibilities to another employee. This forced the employee to work longer days, including weekend shifts to cover the extra workload. She eventually had to take a disability leave.

The company changed your job, and so they changed the terms of employment. We call that a constructive dismissal. You don’t have to go back to this situation – you can treat this as a termination and get your full severance.

Segment starts at 1:20

CALL: Terminated after request for accomodation

I asked my employer to provide accommodation for a disability I had, which they said they would. However, I was terminated with one week of severance pay shortly after providing them with two doctors’ notes. Can they do that?

The employer has a strict duty to provide accommodation for a disability. Your employer didn’t – which is a human rights violation. However, then they terminated you. You cannot let an employee go because they need accommodation. Even so, they offered you a weeks’ pay, when actually you would be owed a few months’ pay in severance. If this happened to you, reach out to us right away. 

Segment starts at 3:53

Let go after being put on a performance improvement plan

Jerry successfully managed a team at a mid-sized company for many years. After a new VP was hired, Jerry’s results were called into question and he was put on a performance improvement plan. A few weeks into the plan, the VP said it wasn’t working out, and let Jerry go for cause, with no severance. What are his rights?

There are two issues here. Number one, is there cause to let Jerry go? Number two, if there isn’t cause, how much severance is he actually owed? Pocket Employment Lawyer would help you to find out the answer to both.

Just because Jerry may have had bad performance, it does not mean he can be let go for cause. Even though he was on a performance improvement plan, it is not a for cause termination. Which means he is owed severance. According to the Severance Pay Calculator, you would be owed 14 months’ pay, which is almost $120,000.

Segment starts at 8:04

TOP MYTHS OF TERMINATION

1️⃣ Your boss can only let you go if they have a good reason to

Your employer can let you go at any time, and pretty much for any reason, as long as it’s not discrimination. It comes down to the fact that severance pay is owed. In most cases, over 90% of people, are let go without the proper amount of severance, which is a wrongful dismissal.

Segment starts at 11:30

2️⃣ When you are let go, you receive 1 or 2 weeks’ severance pay for every year of service

This is wrong, and it’s not even close to what is correct. Severance is based on a number of factors, including your age, your position, and your length of employment. Most people are owed a lot more than a week per year, sometimes they’re even owed a month per year of service. Go to Severance Pay Calculator to find out how much you’re owed.

Segment starts at 13:26

3️⃣ You have to work at least 5 years for a large company, in order to receive severance

You don’t have to work for a large company or work a minimum number of years to get severance. If you were let go, you’re owed severance.

Segment starts at 14:21

4️⃣ Being “on contract” means you don’t get severance pay

Most people are misclassified as independent contractors. If you have a job, go to work, come home, and come back the next day and do the same thing, you are an employee in the eyes of the law. It doesn’t matter what your contract says, or what you believe. The law makes that determination. This means that if you lose your job you’re still owed severance. To find out if you’re an independent contractor or employee, go to Pocket Employment Lawyer.

Segment starts at 15:06

5️⃣ Short service employees get very little severance

There is a misconception that if you work for a short period of time you get very little severance. Actually, short service employees get disproportionately greater severance than longer service employees. For example, you could work for four to five months, and be owed four to five months in severance. Go to Severance Pay Calculator to find out what you’re owed.

LEARN MORE
• Severance for employees who worked for a short time

Segment starts at 16:32

CALL: Employee let go after 6 years of service

I was just laid off from a private medical company after 6 years. I worked as an operating room assistant. I didn’t sign a severance offer when I left, but I did have an employment contract that I signed when I started working there. What am I owed?

In some situations, an employment agreement may try to limit your severance entitlements. But just because an employment contract tries to do this, it does not mean it can actually limit your severance. According to your details, you could be owed eight months’ pay in severance.

Segment starts at 17:23

CALL: Employee asked to relocate for work

My company asked me to work at a new location, which is another hour-and-a-half from where I live. They gave me $60 a week for gas and said it would only last a month. But it’s been more than a month, and now it’s starting to affect my family life.

Your employer does not have the right to relocate you, and certainly not to the extent of an extra three hours of commuting per day. If your employer does that, you can choose to accept it, or you can choose to treat that as a termination and get your severance. It’s a constructive dismissal. You could easily be owed six months’ pay. However, if you continue to accept it for any longer, you may not be able to treat it as a constructive dismissal.

Segment starts at 20:40

Forced to accept reduced commission structure

My manager just handed me a new employment contract, with a deadline to accept it within 48 hours or my job will “come to an end immediately.” I noticed that the contract reduces my commission. Do I have to sign it?

The new contract not only reduces commission, but it also probably does other things that are unfavourable to you, such as limiting your severance or allowing your employer to make other changes to your job. Don’t sign the new employment agreement. However, your employer can let you go for any reason. You could be better off being let go and getting your full severance now.

Segment starts at 23:58

How to handle inappropriate comments in the workplace

A new coworker has been making inappropriate comments in the office. I’ve asked him to stop a few times, but things keep escalating. What are my options here?

If you’re subject to inappropriate comments, this is a form of harassment. Harassment is never acceptable. You have a right to work in a safe and productive work environment. The first thing I would do is report the situation to someone in a position of authority, or an individual who has the power to do something. Once you tell your employer, they have an obligation to take it seriously and investigate. They also have to make the harassment go away.

Segment starts at 25:53

Next Episode: Employment Law Show S4 E2 – Medical Leaves and What You Need to Know

Previous Episode: Employment Law Show S3 E32 – Employee Rights When a Business is Sold