Can an employee allege a frustration of contract?

If an employee turns down a new position offered by the same employer, can this be deemed a resignation?

Is it more difficult to terminate for just cause if the employee has been working at the company for a longer time?

Do you accrue vacation pay while on parental leave? Are you entitled to raises and bonuses while on parental leave?

Would employees with short service be entitled to severance? How does a noncompetition agreement affect severance entitlements?

Should an employee always have a written employment contract?

Can an employer refuse an employee to return to work if the employee thinks they’re well enough to return? What if the employer cannot accommodate the modified duties requested by the employee’s doctor?

As a contractor, can my employer deduct my expenses from the severance I am offered?

Does the employer have to pay severance all at once as a lumpsum payment or can they offer salary continuance instead?

Is the employer allowed to offer a combination of working notice and salary continuance to some employees and offer one lump sum payment to others?

If an employee is terminated for just cause, does the employer have to pay severance?

If an employee’s bonus has been decreasing year by year, could this constitute constructive dismissal?

Can an employee’s compensation be based on a percentage rate?

Severance pay, termination for cause, workplace rights and MORE on The Employment Hour on Global News 640 Toronto and 980 CFPL in London.

Toronto Employment Lawyer David Vaughan reveals your workplace rights in Toronto, the surrounding GTA, and across Ontario. He shatters myths and misconceptions about severance pay, terminations, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, and more.

On This Episode:

Chapter 1:

Can an employee allege a frustration of contract?

A client was off work for several years due to a medical condition. His doctors determined that he is completely disabled and unable to return to work. Based on the doctor’s recommendation, can the employer deem a frustration of contract?

Chapter 2

If an employee turns down a new position offered by the same employer, can this be deemed a resignation?

A client was told that their position is no longer available due to restructuring in the company. They were offered a new role with the same pay but different responsibilities. The employee decided they were not interested in this offer and turned down the new position. The employer interpreted this as a resignation and no severance was offered. Does this constitute a resignation?

Chapter 3

Is it more difficult to terminate for just cause if the employee has been working at the company for a longer time?

Is it more difficult to terminate an employee for cause if they’ve worked there for 20 years as opposed to 2 years?

Chapter 4

Do you accrue vacation pay while on parental leave? Are you entitled to raises and bonuses while on parental leave?

A woman is 7 months pregnant and is planning to go on leave in September. She wanted to know if individuals on parental leave miss out on bonuses and pay raises while on parental leave, and whether she can go back to work earlier than planned or extend her leave if needed.

Chapter 5

Would employees with short service be entitled to severance? How does a noncompetition agreement affect severance entitlements?

Chapter 6

Should an employee always have a written employment contract?

Chapter 7

Can an employer refuse an employee to return to work if the employee thinks they’re well enough to return? What if the employer cannot accommodate the modified duties requested by the employee’s doctor?

Chapter 8

As a contractor, can my employer deduct my expenses from the severance I am offered? 

Jim is a contractor salesman and has worked at the same company for 40 years. He received a termination letter and they’re offering him 6 months of working notice and 12 months of additional severance. His employer is deducting expenses from his severance offer. Can an employer do this?

Chapter 9

Does the employer have to pay severance all at once as a lumpsum payment or can they offer salary continuance instead?

Chapter 10

Is the employer allowed to offer a combination of working notice and salary continuance to some employees and offer one lump sum payment to others?

A caller into the show with 19 years of service has been terminated and offered 17 months of working notice. After the 17 months are over, he will receive 5.5 weeks of additional severance. Other employees have been offered a lump-sum payment instead of working notice. Can the employer do this?

Chapter 11

If an employee is terminated for just cause, does the employer have to pay severance?

Chapter 12

If an employee’s bonus has been decreasing year by year, could this constitute constructive dismissal?

My partner has been working for the same employer for the past 20 years as a dental hygienist. She receives a Christmas bonus every year, however, her bonus has been decreasing in the past 7-10. Can this constitute constructive dismissal?

Chapter 13

Can an employee’s compensation be based on a percentage rate?

Experiencing an Employment Issue?

Before you call a lawyer, use the Pocket Employment Lawyer to find out if you might have a case.

Use The Severance Pay Calculator to find out how much severance pay you may be owed upon termination.

Call 1-855-821-5900, email Help@EmploymentLawyer.ca or fill out a contact form to get help now from an employment lawyer.

Denied Long Term Disability? We Can Help.

Discover your rights when your Long Term Disability Claim is denied. Find out more here.

Severance pay, termination for cause, workplace rights and MORE on The Employment Hour on Global News 640 Toronto and 980 CFPL in London.
Toronto Employment Lawyer <a href="http://stlawyers.ca/team/David-Vaughan/">David Vaughan</a> reveals your workplace rights in Toronto, the surrounding GTA, and across Ontario. He shatters myths and misconceptions about severance pay, terminations, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, and more.
On This Episode:
Chapter 1:
Can an employee allege a frustration of contract?
A client was off work for several years due to a medical condition. His doctors determined that he is completely disabled and unable to return to work. Based on the doctor&rsquo;s recommendation, can the employer deem a frustration of contract?
Chapter 2
If an employee turns down a new position offered by the same employer, can this be deemed a resignation?
A client was told that their position is no longer available due to restructuring in the company. They were offered a new role with the same pay but different responsibilities. The employee decided they were not interested in this offer and turned down the new position. The employer interpreted this as a resignation and no severance was offered. Does this constitute a resignation?
Chapter 3
Is it more difficult to terminate for just cause if the employee has been working at the company for a longer time?
Is it more difficult to terminate an employee for cause if they&rsquo;ve worked there for 20 years as opposed to 2 years?
Chapter 4
Do you accrue vacation pay while on parental leave? Are you entitled to raises and bonuses while on parental leave?
A woman is 7 months pregnant and is planning to go on leave in September. She wanted to know if individuals on parental leave miss out on bonuses and pay raises while on parental leave, and whether she can go back to work earlier than planned or extend her leave if needed.
Chapter 5
Would employees with short service be entitled to severance? How does a noncompetition agreement affect severance entitlements?
Chapter 6
Should an employee always have a written employment contract?
Chapter 7
Can an employer refuse an employee to return to work if the employee thinks they&rsquo;re well enough to return? What if the employer cannot accommodate the modified duties requested by the employee&rsquo;s doctor?
Chapter 8
As a contractor, can my employer deduct my expenses from the severance I am offered? 
Jim is a contractor salesman and has worked at the same company for 40 years. He received a termination letter and they&rsquo;re offering him 6 months of working notice and 12 months of additional severance. His employer is deducting expenses from his severance offer. Can an employer do this?
Chapter 9
Does the employer have to pay severance all at once as a lumpsum payment or can they offer salary continuance instead?
Chapter 10
Is the employer allowed to offer a combination of working notice and salary continuance to some employees and offer one lump sum payment to others?
A caller into the show with 19 years of service has been terminated and offered 17 months of working notice. After the 17 months are over, he will receive 5.5 weeks of additional severance. Other employees have been offered a lump-sum payment instead of working notice. Can the employer do this?
Chapter 11
If an employee is terminated for just cause, does the employer have to pay severance?
Chapter 12
If an employee&rsquo;s bonus has been decreasing year by year, could this constitute constructive dismissal?
My partner has been working for the same employer for the past 20 years as a dental hygienist. She receives a Christmas bonus every year, however, her bonus has been decreasing in the past 7-10. Can this constitute constructive dismissal?
Chapter 13
Can an employee&rsquo;s compensation be based on a percentage rate?
<hr>
Experiencing an Employment Issue?
Before you call a lawyer, use the <a href="https://stlawyers.ca/pocket-employment-lawyer/">Pocket Employment Lawyer</a> to find out if you might have a case.
Use <a href="https://www.severancepaycalculator.com">The Severance Pay Calculator</a> to find out how much severance pay you may be owed upon termination.
Call <a href="tel:1-855-821-5900">1-855-821-5900</a>, email <a href="mailto:Help@EmploymentLawyer.ca">Help@EmploymentLawyer.ca</a>&nbsp;or fill out a <a href="https://stlawyers.ca/contact-us/">contact form</a> to get help now from an <a href="https://stlawyers.ca/toronto-employment-lawyers/">employment lawyer</a>.
Denied Long Term Disability? We Can Help.
Discover your rights when your Long Term Disability Claim is denied. <a href="https://stlawyers.ca/disability-law/">Find out more here</a>.

Discover your workplace rights, and let Employment Lawyer Lior Samfiru fight for them.

A co-founding partner at Samfiru Tumarkin LLP, Lior has unmatched experience at various courts and tribunals in Canada, where he has defended countless clients in matters concerning severance pay, wrongful dismissal, constructive dismissal, human rights, sexual harassment, breach of contract, and much more. He also manages the firm's Toronto employment lawyers, Vancouver employment lawyers, Ottawa employment lawyers, and Calgary employment lawyers.

Lior frequently hosts the Employment Law Show, where he educates both employees and employers on their employment rights, according to Employment Standards in Ontario, British Columbia and Alberta, and common law throughout Canada. The show airs on the following radio and TV stations:
Global TV
CTV Toronto
CTV Ottawa
Global News Radio 640 Toronto
Global News Radio 980 CKNW in Vancouver
Newstalk 580 CFRA in Ottawa
Global News Radio 900 CHML in Hamilton
Global News Radio 980 CFPL in London

He also created the Severance Pay Calculator to allow employees in Ontario, British Columbia and Alberta determine how much severance pay they are owed when they are terminated from their job.

Experiencing a workplace issue? Not sure if you need legal assistance? BEFORE you call an employment lawyer, use the Pocket Employment Lawyer. Answer a few quick questions at PocketEmploymentLawyer.ca and you will learn what your legal options are and how to enforce your rights.

Discover your workplace rights, and let Employment Lawyer <a href="https://stlawyers.ca/team/lior-samfiru/">Lior Samfiru</a> fight for them.
A co-founding partner at Samfiru Tumarkin LLP, Lior has unmatched experience at various courts and tribunals in Canada, where he has defended countless clients in matters concerning <a href="https://stlawyers.ca/law-essentials/severance-pay/">severance pay</a>, <a href="https://stlawyers.ca/law-essentials/wrongful-dismissal/">wrongful dismissal</a>, <a href="https://stlawyers.ca/law-essentials/constructive-dismissal/">constructive dismissal</a>, <a href="https://stlawyers.ca/law-essentials/harassment-discrimination/">human rights</a>, sexual harassment, breach of contract, and much more. He also manages the firm's <a href="https://stlawyers.ca/toronto-employment-lawyers/">Toronto employment lawyers</a>, <a href="https://stlawyers.ca/vancouver-employment-lawyers/">Vancouver employment lawyers</a>, <a href="https://stlawyers.ca/ottawa-employment-lawyers/">Ottawa employment lawyers</a>, and <a href="https://stlawyers.ca/calgary-employment-lawyers/">Calgary employment lawyers</a>.
Lior frequently hosts the <a href="https://stlawyers.ca/employment-law-show/">Employment Law Show</a>, where he educates both employees and employers on their employment rights, according to Employment Standards in Ontario, British Columbia and Alberta, and common law throughout Canada. The show airs on the following radio and TV stations:
<ul>
<li>Global TV</li>
<li>CTV Toronto</li>
<li>CTV Ottawa</li>
<li>Global News Radio 640 Toronto</li>
<li>Global News Radio 980 CKNW in Vancouver</li>
<li>Newstalk 580 CFRA in Ottawa</li>
<li>Global News Radio 900 CHML in Hamilton</li>
<li>Global News Radio 980 CFPL in London</li>
</ul>
He also created the <a href="https://www.severancepaycalculator.com/">Severance Pay Calculator</a> to allow employees in Ontario, British Columbia and Alberta determine how much severance pay they are owed when they are terminated from their job.
Experiencing a workplace issue? Not sure if you need legal assistance? BEFORE you call an employment lawyer, use the <a href="https://stlawyers.ca/pocket-employment-lawyer/">Pocket Employment Lawyer</a>. Answer a few quick questions at PocketEmploymentLawyer.ca and you will learn what your legal options are and how to enforce your rights.

Lior Samfiru - Samfiru Tumarkin LLP

Advice you need. Compensation You Deserve.

Whether you are an employee facing a wrongful dismissal or an employer who needs the support of a knowledgeable advocate, have been denied or cut off a long-term disability claim, or have a conflict with an insurance company, the experienced legal team at Samfiru Tumarkin LLP provides practical and cost-effective solutions, backed up by years of proven results and countless testimonials. Our offices are located in Toronto, Ottawa, Vancouver and Calgary, where we serve residents in Ontario, British Columbia and Alberta. Samfiru Tumarkin LLP is the only employment law firm in Canada with a TV show and live weekday radio program dedicated to answering your questions about your workplace rights.

Advice you need. Compensation You Deserve.
Whether you are an employee facing a <a href="https://stlawyers.ca/law-essentials/wrongful-dismissal/">wrongful dismissal</a> or an employer who needs the support of a knowledgeable advocate, have been <a href="https://stlawyers.ca/law-essentials/long-term-disability-claims/">denied or cut off a long-term disability claim</a>, or have a conflict with an insurance company, the experienced legal team at Samfiru Tumarkin LLP provides practical and cost-effective solutions, backed up by years of proven results and countless testimonials. Our offices are located in <a href="https://stlawyers.ca/toronto-employment-lawyers/">Toronto</a>, <a href="https://stlawyers.ca/ottawa-employment-lawyers/">Ottawa</a>,&nbsp;<a href="https://stlawyers.ca/vancouver-employment-lawyers/">Vancouver</a> and <a href="https://stlawyers.ca/calgary-employment-lawyers/">Calgary</a>, where we serve residents in Ontario, British Columbia and Alberta. Samfiru Tumarkin LLP is the only employment law firm in Canada with a TV show and live weekday radio program dedicated to answering your questions about your workplace rights.

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