What Employers Shouldn't Do, on the Employment Law Show with employment lawyer Lior Samfiru. Discover your workplace rights and learn everything you need to know about employment law in Ontario, BC and Alberta on Season 4 Episode 29 of the only employment law show on TV.
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0:00 - Intro
🔹 Severance packages for short-service employees - 2:11
Short-service employees, or employees who have not worked at a company for very long, are treated disproportionately better than long-term employees in terms of severance. Lior discusses rights for a worker who was fired and given 2 weeks' pay shortly due to COVID-19 after starting with a new company. His severance, however, will actually have to include the time spent at his previous employer as he was recruited.
📞 4:11 - CALL: Termination Without a Reason
A caller from [ Ссылка ] - My 72-year-old father has been working at the same company for over 30 years of continuous employment. I believe our labour laws allow his employer to let him go without a reason after the age of 70. Is that correct?
• [ Ссылка ]
❓ 6:45 - Reduction in Wages or Resignation
[ Ссылка ] - My brother’s work just gave him an option regarding his job: He can return from his temporary layoff at half-pay, or he can choose to resign and look for new employment. Which is the best option?
[ Ссылка ]
▶️ WHAT EMPLOYERS SHOULDN'T DO
1️⃣ Don’t fire an employee “for cause” if you actually don’t have just cause. (11:43)
• [ Ссылка ] - A termination for cause too often when they don't actually have cause.
2️⃣ Don’t change your employee’s pay, hours, or duties unless you absolutely have to. (13:13)
• By changing terms of employment you might face a constructive dismissal claim.
3️⃣ Don’t fire an employee if they’re not ready to return from a disability leave, or their doctor says they need to be on one. (14:24)
• If an employee has a doctor's note for legitimacy, an employer cannot terminate their employment.
4️⃣ Don’t base severance pay on the Employment Standards Act alone. (15:40)
5️⃣ Don’t treat somebody as an independent contractor if they are truly an employee. (17:25)
• Employers frequently misclassify contract workers when they are actually employees.
6️⃣ Don’t ignore workplace harassment. (18:49)
• Employers often don't fulfill their obligations to rectify harassment complaints.
📞 20:15 - CALL: Selling a Company Without Severance Offers
The company I’ve been with for 20 years has been sold to another owner. They are forcing me to work for the new owners, meaning I won’t be receiving a severance package. Can they do that?
• You cannot be forced to work for the new company. Your severance calculation will depend on a variety of factors.
📞 23:30 - CALL: Returning from Maternity Leave
What are an employer’s obligations when an employee returns from maternity leave? If the company is a small business experiencing financial issues, and they claim not to have your old position available, would they owe severance?
• An employer has an obligation to give the employee returning their previous position.
❓ 25:50 - Refusing to Return to Work
[ Ссылка ] - I will likely be recalled to work in a few weeks. I have heard from coworkers already back at work that our boss isn’t following any of the rules set by public health. Can I refuse to return to work?
• You can refuse if your employer is not following public health safety guidelines.
❓ 27:30 - Working Overtime in COVID-19
The company I have been with for 2 years is forcing us to work overtime during the COVID-19 crisis without getting paid for it. If we refuse, we run the risk of being written up. Does the employer have the final say on this?
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► Before you call a lawyer, use PocketEmploymentLawyer.ca to find out if you might have a case: [ Ссылка ]
► Calculate the amount of severance pay your are owed with the Severance Pay Calculator: [ Ссылка ]
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