What you need to know about workplace terminations | Employment Law Show TV – S5 E15

Episode Summary

WHAT YOU NEED TO KNOW ABOUT WORKPLACE TERMINATIONS, reduced salaries, rejected doctors notes,  and more on Season 5 Episode 15 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

Employer insisting on temporary layoff

I was on a temporary layoff and decided to treat the layoff as termination and pursue severance. My employer informed me I was confused and was not terminated and eventually they would bring me back. What do I do next?

Employees on a layoff are technically terminated and can pursue their severance entitlements; they do not have to have their employer’s permission. In many cases, employers are not aware that layoffs are not legal.

Segment starts at 2:15

CALL: New contract with a termination clause

I am the VP of finance at a company that I have worked at for 21 years. It was bought by a U.S. company 4 years ago, and they had me sign a new 3-year contract with a termination clause promising 12 months’ pay. That contract ended last year, but I am still working for them. How much severance am I owed?

If an employee continues to work despite the end of their contract, they are technically employees on a verbal agreement. There are now also no limits to their severance entitlements. Written employment contracts often limit the severance entitlements employees can receive.

Segment starts at 5:35

Reduced salary due to move and working remotely

Can my employer reduce my salary because I moved out of the city? The company shifted everybody to remote work due to the pandemic, and we are expected to remain that way even after COVID-19.

If an employee has moved but still remains in the same province, an employer cannot punish an employee for the move or have any say in the location. Employees who have moved however have to consider what the eventual return to the office will look like.

Learn More
Employee Rights while working remotely
Working from home during COVID-19

Segment starts at 8:46

What you need to know about workplace terminations

1️⃣ Are there different types of terminations?

Terminations can be either with or without cause. Most terminations are without cause and are legal as long as they are offered severance. Termination for cause is due to severe misconduct by an employee and is typically very difficult to prove.

Segment begins at 12:05

2️⃣ What does it mean when an employer gives “notice of termination” or “working notice?”

In order to avoid or reduce the amount of severance given to an employee, an employer can choose to let an employee know of their eventual termination. For example, if an employee would be owed 12 months’ worth of severance, they are instead given 12 months of notice and will continue to work for that period of time.

Segment begins at 14:30

3️⃣ Does the employer get to decide how much severance pay an employee gets when they are let go?

Employers do not determine how much severance an employee is entitled to after they are terminated. Employment law states that an employee’s severance is determined on several factors including their age, position and length of service.

Segment begins at 17:05

4️⃣ Does somebody have to accept a severance offer by the employer’s deadline?

Employers set severance deadlines in order to pressure employees into accepting the offer. Typically, the initial offers given to employees are not adequate. Legal rights expire two-years after a termination.

Segment begins at 18:30

5️⃣ If somebody is being pressured to resign, or a big change has been made to their job, should they just quit, or wait to be terminated?

Employees that are aware they are being let go should not resign as a resignation ensures they are no longer entitled to severance entitlements. If there are significant changes to an employee’s job, they should contact an employment lawyer in order to determine if they can pursue a constructive dismissal.

Segment begins at 19:55

CALL: Employer rejected medical certificate and gave final notice

I experienced both gout and kidney stones the other day and ended up at both my doctor’s office and the hospital. My employer rejected the medical certificates from both places, saying the information was vague and has given me final notice due to attendance issues.

If an employee has a medical condition that is supported by a doctor, they cannot be penalized for being unable to work, as it is a human rights violation. Employers are not obligated to know the specifics of an employee’s medical condition.

Segment starts at 21:30

CALL: Let go due to downsizing

My friend was let go due to downsizing after working for a company for over a year. She was told that because she was an independent contractor, she isn’t entitled to any severance pay. Is that true?

Many individuals are classified as independent contractors when they are in fact employees. Misclassified individuals who work exclusively for a sole employer, and do not set their own hours and schedules, are entitled to overtime pay, vacation as well as severance pay.

Segment starts at 24:45

Terminated after maternity leave

I was let go today over the phone, just a few weeks before returning to a project manager role after a 12-month maternity leave. My boss suggested via email before I took the leave that I might not have a job to return to due to the changes that my time off forced on the department. Are they allowed to do that?

Employees cannot be penalized for taking maternity leave or for childcare obligations. Employers are obligated to allow employees to return from maternity leave to the same position and compensation.

Segment starts at 27:32

NEXT EPISODE: Employment Law Show S5 E16 – What You Need to Know About Workplace Harassment

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