What you need to know about workplace harassment | Employment Law Show TV – S5 E16

Episode Summary

WHAT YOU NEED TO KNOW ABOUT WORKPLACE HARASSMENT, new employment agreement, salary reductions, and more on Season 5 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 Ontario, British Columbia, and Alberta, on the only employment law show on both TV and radio in Canada.

Episode Notes

Contract cut short and no severance offered

I signed a one-year contract but two months into my contract I was let go and because I was on probation they said they didn’t have to offer me severance. Is this true?

Probation periods are not automatic and have to be consented to by employees. Fixed-term contracts also ensure that if an employee is let go before the end of the contract, they are owed the balance of the contract.

Segment starts at 2:36

CALL: Severance reduced after a drop in sales

I have been a top sales performer at the company for the past 10 years. The company just restructured the team, and now I’m worried that I won’t be able to keep up with my sales because of the changes. Will I be owed severance if I’m let go?

An employer can terminate an employee for any reason, as long as appropriate severance entitlements are paid. However, proving a  for-cause termination is very difficult for employers to prove.

Segment starts at 6:04

Not recalled from a layoff due to age

A few months after the start of the pandemic, nearly all my coworkers were recalled from a layoff. A year later and I’m still waiting. When I asked why, my boss said that he was prioritizing younger employees first, for safety and efficiency reasons. While I’m 58 and one of the oldest on the team, I am very good at my job. What should I do?

Employees who have been put on a layoff can choose to treat the layoff as a termination and pursue their severance entitlements. Employers are also not permitted to make decisions based on the age of an employee, it is a human rights violation and is discriminatory.

Segment starts at 9:20

What you need to know about: Workplace Harassment

1️⃣ What kind of conduct is considered workplace harassment?

Workplace harassment encompasses behaviour that is considered unwelcome, such as name-calling, anything that is overly aggressive, etc.

Segment begins at 13:49

2️⃣ Does an employer have a duty to prevent workplace harassment, even if it occurs outside the office?

Employers have an obligation to prevent workplace harassment and protect employees. Ultimately have to properly investigate claims of harassment and take steps to resolve the issues presented, even if the incidents occur outside of the workplace.

Segment begins at 14:44

3️⃣ What should an employee do if they are the target of harassment?

Employees should speak to anyone that is in a position of authority, such as  HR or a supervisor and put down in writing what the incidents in question are and what they would like to see happen to resolve the matter.

Segment begins at 16:06

4️⃣ How should an employer respond to a claim of workplace harassment?

Employers should take the claim seriously and properly conduct an investigation. If the situation is complicated, it can be prudent to bring in an outside investigator. After

Segment begins at 18:24

5️⃣ What can an employee do if their employer won’t do anything to stop the harassment, or decides to punish the employee for speaking out?

Employees should ensure there is written documentation informing their employer of the issue. If the claims of harassment are not appropriately dealt with internally, employees can treat the issue as a constructive dismissal and pursue their severance entitlements.

Segment begins at 19:31

CALL: Former employee owed severance pay

When I was working as a process server, I often put in 12-hour days without ever being paid overtime. Am I eligible to receive that pay even though I don’t work there anymore?

Employees are owed overtime pay after 44 hours of work a week. Employers who fail to pay overtime to their employees can lead to a termination and employees who resign due to this failure will still be owed severance.

Segment starts at 20:43

CALL: New employment agreement with salary reduction

My employer approached me out of the blue with new contract terms that will result in a substantially lower salary. He wanted me to sign it immediately. I’m 63 years old and have been with the company for over 4 years. What are my rights?

Employees do not have to sign a new employment agreement that could change the terms of their employment. Significant changes to terms of employment, such as a severe reduction in salary, must be consented to. If an employee does not consent to the changes, it can be treated as constructive dismissal.

Segment starts at 23:40

Minimum vs. full severance entitlements

I used the Pocket Employment Lawyer, and it said that I am owed 8 months of severance pay by my former employer. Why does the government’s website say that I am owed far less?

The government regardless of the province, can only advise former employees on their minimum entitlements regarding severance. An employee’s full entitlements are typically more than that what is outlined by the Ministry of Labour.

Segment starts at 26:31

NEXT EPISODE: Employment Law Show S5 E17 – 5 Things You Should Do When Fired, Laid Off, Let Go

PREVIOUS EPISODE: Employment Law Show S5 E15 – What you need to know about workplace terminations