Things employees should never do before talking to a lawyer | Employment Law Show TV – S6 E13

Episode Summary

THINGS EMPLOYEES SHOULD NEVER DO BEFORE TALKING TO A LAWYER, returning from leave, and more on Season 6 Episode 13 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

The new job asked for vaccination status

I was employed at my company for over 8 years. I was approached by another company and was recruited. Two weeks after my position in my new employment I was asked for a vaccine certificate. I was unvaccinated and so let go. What do I do now?

• Vaccination policies in the workplace: Employers can make vaccination a term of employment but must inform employees before they begin employment. Employees in situations such as these can only be terminated without cause and must be owed severance pay. It is important to remember that employees who have been recruited from a previous company, could be owed additional severance entitlements from the years of service at a previous job.
  • LEARN MORE ABOUT VACCINE POLICIES
    Asked for your vaccination status at work?

Employer gave away employee’s position while on medical leave

I just told my employer that I’m ready to return from my medical leave. However, I have since discovered a posting for the manager role I’ve held at the restaurant for the past 9 years! What should I do?

• Employee rights on medical leave: Employees in this situation should speak to their employer when they are ready to return to work. Employees who are returning from medical leave are owed their position and cannot be penalized for taking medical leave or due to an illness. Employees who are terminated as a result of an illness or for taking sick leave could be owed additional damages on top of an adequate severance package. It is considered a human rights violation to penalize employees as a result of illness or disability.

Small business employee rights

My neighbour, who runs a successful small business, says that most of the rules you talk about on your show don’t apply to him, only to large employers. Is he right?

• Severance pay and size of company: Many employers and employees are unaware of the fact that severance applies to employees who work for small businesses as well as large corporations. It is a misconception that employees who work at a small business are entitled to minimum entitlements and not full common-law severance pay.

Things employees should never do before talking to an employment lawyer

• Accept or sign a severance offer: Employees should never accept an initial severance offer without speaking to a lawyer as they cannot retract their acceptance after signing and agreeing to documentation. Severance packages are often inadequate and not based on the appropriate factors. A deadline from employers is often imposed in order to pressure employees to sign a severance offer. Terminated employees have up to 2 years after the date of termination to pursue severance pay.
• Accept significant, unwanted changes to their job: A significant change to the terms of employment cannot be made by an employer without an employee’s consent. Accepting a major change of employment gives the employer the right to impose future changes.  A major change to the terms of employment, such as a dramatic reduction in pay or hours, can result in constructive dismissal.
• Sign an employment contract without understanding what it contains: Employment agreements often contain terminology and provisions that can limit an employee’s future entitlements, such as severance, permission to change an employee’s salary, non-solicitation, etc. It is more beneficial for employees not to have a formal and detailed employment agreement. It is best for employees to negotiate and speak to a lawyer at the start of employment in order to determine their rights and entitlements.
• Stay silent when they get a bad performance review: A bad performance review is often a step towards a termination for cause. Employees who do not respond to a performance review are considered to have accepted the review. Silence is considered acceptance. Employees who do not agree with a review or performance plan should communicate their dissent in writing to their employers.
  • WATCH TO LEARN MORE
    Employment Law Show Season 6 – Put on a performance improvement plan
• Rely solely on advice from family or friends about employment rights: It is important in order to receive accurate information to speak to an employment lawyer rather than receiving inaccurate information from the internet or random sources. Employees should also speak to employment lawyers who specialize in employment rights. Searching and receiving inaccurate information can result in employees missing out on important entitlements.

Employees worried about job security after disability benefits were cut off

After nearly two years on LTD, my insurer is cutting off my benefits. When I asked my employer about the decision, they said that they can’t do anything about it. What are my employer’s obligations?

• Employment and disability concerns: At times, employment law and disability law can overlap. Employees who have had their disability benefits denied or cut off should speak to their insurance company and a disability lawyer to determine their next steps and pursue their rights. Insurance companies often deny benefits to claimants who are owed disability benefits as they are unable to work.

Severance pay after working notice for a long-service employee

I have been given written notice that I will lose my job in 6 months. I may also receive severance pay at the end of that period. What would I be owed? I am 75 years old and have been with the company for 13 years.

• Severance calculations: Severance refers to the amount of compensation an employee is owed if terminated without cause. Employers can forego giving an employee severance pay if they give an employee sufficient working notice. Insuffiencet notice can result in additional severance pay upon the end of employment. Employees are entitled to severance pay based on a number of factors, including their age, length of employment as well as position. Employees who have been given working notice cannot resign from their position and expect to receive severance. Severance pay is not given to employees who resign from their positions.
  • LEARN ABOUT SEVERANCE PAY
    Severance Packages in BC
    Alberta Maximum Severance Entitlements

NEXT EPISODE: Employment Law Show S6 E14 – Rights for employees when ill or injured

PREVIOUS EPISODE: Employment Law Show S6 E12 – Wrongful Dismissal Primer for Canadians