You are still owed Severance Pay if… | Employment Law Show TV – S5 E21

Episode Summary

YOU ARE STILL OWED SEVERANCE PAY IF, oral agreements, forced resignations and more on Season 5 Episode 21 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

Can my employer demote me?

I was promoted two years ago and I felt I was doing a good job. My employer recently told me they were going to demote me to my previous administrative role. Can they do this?

Employers are not legally permitted to demote employees, despite a lack of pay cut. This is considered a significant change and can be considered grounds for constructive dismissal.

Segment starts at 1:45

CALL: Severance after thirteen years

My wife has received a notice of termination after 13 years with the company. They’ve offered her 8 weeks of severance along with lump sum payment if she accepts. Is she owed anything more?

Employees are rarely offered the appropriate amount of severance entitlements. Severance pay is based on several factors including the age of an employee, the length of service and the position.

MORE ON SEVERANCE
• Severance pay in Ontario
• B.C. severance packages
• Termination package amounts in Alberta

Segment starts at 5:24

Contract about to expire after two years

I was hired for a 2-year contract that ran out a few months ago. I was told that I will be kept in the job until they can determine if they still need me. I am worried about the fact that I no longer have a contract. Should I ask to sign another one?

Written contracts often limit employee rights. Individuals who continue working after a contract expires are considered employees under an oral agreement and have the same rights as regular employees.

Segment starts at 8:26

You are still owed Severance Pay if…

1️⃣ You have been incorrectly called a contractor or independent contractor

Many individuals are often misclassified as independent contractors and are in fact employees as they work exclusively for a sole employer and have set schedules. Misclassified individuals and dependent contractors are still entitled to severance.

Segment begins at 12:43

2️⃣ You are employed by a small business with few employees

Employees are still entitled to severance if they work for small business owners. The factors that determine severance remain the same regarding severance calculations between a large employer and a small business.

Segment begins at 14:57

3️⃣ You are in a Federally Regulated Industry or the construction industry

Federally regulated employees and employees in the construction industry are still entitled to severance. Age, position and length of service are factors used to determine a federally regulated employee’s severance package.

LEARN MORE
Employment Law Show: Rights for Federally Regulated Employees

Segment begins at 16:50

4️⃣ You were laid off or let go due to restructuring, performance issues or the economy

External factors, such as the COVID-19 pandemic do not negate employment laws regarding severance entitlements. The economy can factor into severance factors as it can make future employment more difficult.

Segment begins at 18:15

5️⃣ You were let go due to medical reasons

Employees who are unable to work due to medical reasons are still entitled to work and potentially more as the condition could impact the individual’s ability to work.

Segment begins at 21:11

CALL: Forced to resign by the employer

I was forced to resign after I was caught using social media while at work. I was placed under a tremendous amount of pressure to quit over the incident. Is a company allowed to pressure you to leave?

Employers cannot pressure an employee to resign as a resignation must be voluntary. Employers cannot terminate an employee for cause unless the employee has exhibited behaviour that is considered serious misconduct. Employees should not give in to pressure and resign unless they truly wish to leave their position.

LEARN MORE
Construction workers fired over party with stripper, booze

Segment starts at 22:08

CALL: Staying on temporary layoff to maintain disability benefits

I was recently placed on a temporary layoff after 18 years with the company. I was just about to ask my employer for a severance package when my health started deteriorating. Should I ask for severance, or keep my job and access my long-term disability policy?

Employees who are put on a temporary layoff can choose to treat the layoff as termination and pursue their severance entitlements. Employees who have a disability should apply for long-term disability benefits as most policies compensate employees until the age of 65. Employers who terminate employees while on disability could be violating an employee’s human rights.

Segment starts at 25:35

NEXT EPISODE: Employment Law Show S5 Episode 22 – Mistakes Companies Makes That You Need to Know About

PREVIOUS EPISODE: Employment Law Show S5 E20 – Wrongful Dismissal Fast Facts