Canadian Employment Lawyer Lior Samfiru, founding partner at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto, the surrounding GTA, Hamilton, London and across Ontario.

ON THIS EPISODE:

WEEK THAT WAS #1: An employee was at a company for 20 years, until the business was sold to a larger company. The new owner indicated that the employee’s job and compensation would change. Does an employee have to accept a job with an new owner, or is this considered a constructive dismissal?
WEEK THAT WAS #2: A chef worked at a restaurant for 7 months. He signed a 3 year employment agreement. The owner decided to let him go, and paid him 1 month’s pay. Lior explains the amount of severance pay he is actually owed. What happens if I am let go before the end of my fixed-term contract/fixed term contract?
Everything Employers and Employees Need to Know About Termination For Cause
- When somebody is let go, is it because they did something wrong?
- How difficult is it to establish a termination for cause?
- How many chances should an employer give an employee before terminating for cause?
- Is it more difficult to terminate a long service employee for cause, rather than a short service employee?
- How common is it for employers to legitimately have cause to fire an employee?
- What are some examples of conduct that can be cause for dismissal (a termination for cause), even if they happen only once?
- What advice do you have for employers who are building a case against an employee for a termination for cause?
- If an employee thinks that their boss is building a case of termination for cause against them, what should they do?
- Does an employer still have to provide severance pay in a scenario where there is a for cause termination?
- What are the risks for employers if they terminate for cause, especially if they haven’t built up their case against an employee?
EMAIL: My employer let me go a week after I came back from a medical leave. I just found an ad online, where they have posted for my replacement. Can they do this?
Can an employee be punished if they don’t give a fair amount of advance notice of a maternity leave or parental leave?
EMAIL: I have been given two choices: to reduce my hours of work significantly, or to relocate from Toronto to Barrie. What are my rights? Is this a case of constructive dismissal, meaning termination with severance pay?
EMAIL: I have not received a pay increase in more than 5 years. Does my employer have to give me a pay increase?
Can an employer use an employment agreement to get out of paying minimum wage?
EMAIL: Lior always talks about negotiating severance, but my employer told me that they made me a good severance package offer and won’t increase it. Should I bother having my severance offer reviewed?
EMAIL: I am a salesperson, and have been with the company for 15 years. The first 8 years I was an Independent Contractor before becoming an employee. I’m 47 years old. How much severance pay should I be getting?
EMAIL: I suspect that my boss is having a relationship with a coworker of mine. He gives her preferential treatment (the most hours, longer breaks, preference for vacation time). Can I do something about it? Is this a human rights violation?

Lior shatters myths and misconceptions about severance pay, terminations, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, and more.

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