The Impact of Tariffs for Non-union Workers | Employment Law Show TV – S9 E16

Episode Summary

WHAT YOU NEED TO KNOW ABOUT THE IMPACT OF TARIFFS ON NON-UNION WORKERS, constructive dismissals, let go ‘for cause’ and more on Season 9 Episode 16 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 Alberta, Ontario, and British Columbia on Canada’s only employment law show on TV and radio.

Episode Notes

Bonus payments and severance packages

I lost my job recently after 6 years and was offered a few months of severance pay. Despite receiving a substantial bonus payment yearly, this was not taken into account in my compensation package. Should this have been a part of my severance pay?

• Bonus payments and terminations: Many employers mistakenly believe that terminating an employee before an annual bonus payment will save them money. Severance packages must include all elements of compensation, including an annual bonus payment if it is considered a consistent payment.

Employee forced to relocate

My company is relocating, and it will significantly increase my commute. If I refused this change, what would I be entitled to in terms of severance pay? I’m 40 years old and have been employed at this location for 2 years.

• Constructive dismissals: Employers cannot impose major changes to the terms of employment. Employees who have had a major change, such as a relocation, imposed on their position, can consider their position to have been terminated. This would be a constructive dismissal.
  • Learn more about severance pay
    • Severance in Alberta
    • Severance packages in Ontario
    • Severance entitlements in B.C

Termination clause held against the employee

My initial employment contract contained a termination clause limiting future severance entitlements. As I wanted the job, I accepted these terms. Can this be held against me years later if I’m let go?

• Temporary layoffs: Employers often include termination clauses in an employment agreement to limit an employee’s future severance entitlements. Termination clauses must be adequately drafted and are often unenforceable. Regardless, employees should seek legal advice before signing an employment contract.

Let go after filing a harassment complaint

A family member was let go from their job recently. Before being terminated, they had filed several complaints regarding bullying and harassment. They were cleared to take a medical leave due to ongoing stress, and upon returning to work, they were let go.

• Workplace harassment: Employers must adequately address bullying and harassment in the workplace by conducting an investigation and resolving the issue. Penalizing an employee for raising a harassment complaint is illegal and considered a reprisal.
• Termination after a medical leave: Terminating an employee for taking medical leave or a protected leave of absence can be considered a human rights violation.

What to know about the impact of tariffs on non-union workers

• Make changes to pay or duties: Employers cannot make major changes to an employee’s pay, schedule, etc., despite financial difficulties. Major changes imposed on an employee’s position can lead to constructive dismissal. 
  
• Put on a temporary layoff: Employees do not have to accept being placed on a temporary layoff, and it can be treated as a termination of employment.
• Fired because of tariffs: Employers can terminate employees for any reason as long as adequate severance pay is offered, and the reason is not discriminatory.
• Impact of the economy on severance pay: A difficult economic situation can impact severance, but does not exempt employers from paying adequate severance pay. Employees might be owed more severance pay due to the difficulty of finding future employment.

Let go ‘for cause” due to poor performance

My mother was let go from a large non-profit after 15 years in this position. They claim it was for poor performance, but she only received one verbal warning in the past year and no formal discipline. They’re offering 3 months’ severance, even though they say it’s “with cause”. What should she do?

• Terminated ‘for cause’: A termination ‘for cause’ is difficult to justify for most employers. A legitimate ‘for cause’ termination should only occur if an employee has exhibited serious misconduct, and disciplinary action has been taken. Many terminations for cause are not legitimate, and employees may still be owed severance pay.

Denied request for parental leave

I work in a specialized position. If I ever take a sick day, there is no one trained to cover my position. My boss has heard I’ll be submitting notice to take parental leave soon, and I found out through the grapevine that he “will not be able to approve it”. Can he do this?

• Rights to parental leave: Employers cannot approve of an employee taking parental leave. Parental or maternity leave is an inherent right for employees. Employees cannot be penalized or terminated for taking parental leave. Employers who refuse a protected leave could face additional legal damages. 
  

Can an employee…?

• Severance if you resign: Employees do not accept severance pay upon a legitimate resignation. Employees who resign due to a breakdown in their employment relationship or contract could potentially receive severance pay.
• Denied a raise: Employers are not legally obligated to provide a raise unless it has been agreed upon in an employment contract.
• Sick leave with a doctor’s note: Employers generally can demand medical support from an employee’s doctor if they intend to take an extended leave of absence.
• Refused to work overtime: Employees can refuse to work overtime unless they agreed to do so in an employment agreement.
• Forced back to the office: Employees who have been working remotely for a long period cannot be forced back into the workplace by their employers.

PREVIOUS EPISODE: Employment Law Show S9 E15 – When employees call the shots