Things you should know when you lose your job | Employment Law Show TV – S7 E11

Episode Summary

THINGS YOU SHOULD KNOW WHEN YOU LOSE YOUR JOB, fired for cause, a major shift change, and more on Season 7 Episode 11 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

Denied promotion due to a medical condition

My employer asked me to complete a functional abilities form before a promotion was implemented. The report led to a denial of the promotion as I have a medical condition and some limitations. Is this legal?

• Duty to accommodate: Employers cannot penalize or terminate an employee as a result of a medical condition or any restrictions. Employers have a duty to accommodate an employee’s condition up until the point of undue hardship. Possible extra expense or more work on the part of the employer should not and cannot mean a denial of a promotion. Employers could face potential human rights damages as a result of a refusal to accommodate.

Demoted after returning from sick leave

After returning from sick leave, I noticed my responsibilities were being removed and I was no longer invited to meetings. I was eventually let go and not given a reason.

• Termination due to illness: Employees cannot terminate an employee due to an illness or for taking sick leave; it is considered a human rights violation. Employees are within their rights, with the support of their doctor, to take as much time as necessary in order to recover. A major change to the terms of employment, particularly as a result of a leave of absence, cannot be imposed without the consent of an employee.

Firing an employee ‘for cause’

How should an employee who has made repeated mistakes and bad judgment calls over the years be let go? Are there steps that should lead up to the termination?

• Termination for cause: Employers are within their rights to terminate an employee without cause for any reason, as long as adequate severance pay is offered. In order to terminate an employee for cause, employers have to provide advance warning to the employee in question. After repeated warnings, and a failure to rectify behaviour, an employer is able to terminate for cause. A case must be built in order to justify a termination for cause. In many cases, employers are too quick to terminate an employee for cause and face a wrongful dismissal suit.

Things you should know when you lose your job

• Fired for any reason: Employees after being terminated, feel that they were let go for the wrong reason. Ultimately, employers are within their rights to terminate an employee for any reason as long as adequate severance pay is offered. Termination without cause cannot occur due to a discriminatory reason.
  
• Pressured to resign: Employers cannot push an employee to resign. A resignation must be completely voluntary and cannot be forced by an employer. Employees that have been pressured to resign or retire can refuse to do so.
• Terminated for cause: Employers often wrongfully dismiss employees for cause without prior disciplinary action. Employers must show that an employee has exhibited serious misconduct and there are no alternatives other than a termination for cause. Employees who believe they were wrongfully dismissed for cause, should speak to an employment lawyer.
• Severance package deadline: Deadlines are often imposed by employers in order to pressure an employee to accept an initial severance offer. Employees have up to 2 years after the initial date of termination to pursue their severance entitlements.
  
• Seeking legal advice: Employees often seek legal advice after they have agreed to a severance offer and are unsure of their entitlements. Before signing a severance offer, employees should seek legal advice. Once a severance package has been signed, employees cannot pursue further legal action.
  

Employer imposes major shift change

My new manager is attempting to revise my schedule after five years. He doesn’t want to work late nights and now is proposing that I do to fill in for him.

• Constructive dismissal: Employers cannot impose major changes to the terms of employment without the consent of an employee. A significant change can be a major reduction in pay, a complete change in schedules, a demotion, etc. Employees that refuse a major change can be terminated by their employer, however, they are entitled to severance pay.

Accepting an initial severance offer

I was let go due to restructuring after 3.5 years as a senior property manager. I was told if I didn’t accept the initial severance offer, they would not provide me with a good reference.

• Severance and pressure tactics: Employers should want an employee to find future employment as soon as possible in order to reduce severance entitlements. Employees unsure of their severance entitlements are within their rights to seek legal advice

Severance package without a bonus

I work for a large manufacturer that is unfortunately shutting down operations. I think I was offered a good severance package, but it doesn’t include my bonus and overtime pay. Is that normal?

• Severance entitlements: It is important for employees to realize that all elements of compensation must be included in a severance package. A salary, as well as benefits, overtime pay, car allowances, etc., must be included in an employee’s severance entitlements.
  • Learn more about Severance Pay
    Severance in Alberta
    Severance packages in Ontario
    Severance pay in B.C

No job after maternity leave

My wife, who is currently on maternity leave, was recently notified that her position is being eliminated. The only option offered to her is a 6-month contract position. What are her rights?

• Returning from maternity leave: Employers have an obligation to bring back employees that are currently on maternity or parental leave to the same position they had prior to leaving. Terminating an employee as a result of parental leave can be considered a human rights violation.

NEXT EPISODE: Employment Law Show S7 E12 – 5 workplace red flags

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