WEEK THAT WAS #1: An employee was let go, his employers said he was not owed severance, because he signed a contract stating he was a contractor. Is that right?

CALLER: I just started a new job as a manger, where I am paid a salary. My coworkers say that we’re not owed overtime pay if we work overtime. Is that true?

CALLER: I want to start a business. Do I need WSIB coverage for my company?

WEEK THAT WAS #2: An employee was given 3 months of working notice. The employer extended the notice period multiple times, without advanced warning to the employee. What happens if an employer keeps extending the working notice period?

CALLER: I was fired by a trucking company almost two years ago, after 7 years of employment. After a small accident while driving a transport truck, I was fired. Am I owed severance pay? Was I terminated for cause?

CALLER: I’ve been off work for many weeks due to an injury. I just discovered that they hired somebody to do my job. They’ve also changed the hours of my job. Can they change the hours of work and hire somebody to temporarily replace me?

CALLER: My daughter works part-time for a large company. She had a doctor’s appointment booked, which was rescheduled due to a snow storm. Her manager doesn’t want to give her the time off. What should she do? Does she need a doctor's note?

CALLER: My husband’s hours of work were reduced drastically at the family business he worked at. He eventually quite due to stress and picked up a job elsewhere. What are his rights? David explains why this would constitute a constructive dismissal.

CALLER: I am undergoing a performance review. If the review comes back with a verbal warning, should I sign it?

CALLER: My son works at a fast food restaurant. He was accused of smoking marijuana in his car. They made him sign a substance abuse policy on the spot, despite the fact that he disagreed with it. Will this affect his chances of becoming manager?

CALLER: My son works at a small business. His coworkers have taken extended vacation time. Does this set a precedent for other employees? Does give my son the ability to take more vacation days than he is actually allotted?

CALLER: The company I work at will be closing in a few months. Will I be owed severance pay after 2 years of service? What is a “minimum buyout”?

CALLER: Return from Maternity Leave. Can they change your level of compensation when you return?

CALLER: I have worked at the same company for 10 years through a Temporary Help Agency. The company just implemented a new program that will end my employment there, and they will give me working notice. Would I still be owed severance as temporary worker

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

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

ON THIS EPISODE:

- WEEK THAT WAS #1: An employee with 12 years of service was paid a base salary plus commission for regular work. When he was let go, his employers said he was not owed any severance, because he had signed a contract that declared he was an independent contractor. David explains why a contract cannot determine whether somebody is an employee or an independent contractor.

I signed a contract that said I am an independent contractor. Am I owed severance pay if I am let go?

- CALLER: I just started a new job as a manger, where I am paid a salary. My coworkers say that we’re not owed overtime pay if we work overtime. Is that true?

- CALLER: I want to start a business. Do I need WSIB coverage for my company?

- WEEK THAT WAS #2: An employee was given 3 months of working notice. The employer extended the notice period multiple times, without advanced warning to the employee. What happens if an employer keeps extending the working notice period?

- CALLER: I was fired by a trucking company almost two years ago, after 7 years of employment. After a small accident while driving a transport truck, I was fired. Am I owed severance pay? Was I terminated for cause?

- CALLER: I’ve been off work for many weeks due to an injury. I just discovered that they hired somebody to do my job. They’ve also changed the hours of my job. Can they change the hours of work and hire somebody to temporarily replace me? What happens if I want to return? What is the employer’s duty to accommodate?

- CALLER: My daughter works part-time for a large company. She had a doctor’s appointment booked, which was rescheduled due to a snow storm. Her manager doesn’t want to give her the time off. What should she do? Does she need a doctor's note?

- CALLER: My husband’s hours of work were reduced drastically at the family business he worked at. He eventually quite due to stress and picked up a job elsewhere. What are his rights? David explains why this would constitute a constructive dismissal.

- CALLER: I am undergoing a performance review. If the review comes back with a verbal warning, should I sign it?

- CALLER: My son works at a fast food restaurant. He was accused of smoking marijuana in his car. They made him sign a substance abuse policy on the spot, despite the fact that he disagreed with it. Will this affect his chances of becoming manager. Should he submit a protest in writing?

- CALLER: My son works at a small business. His coworkers have taken extended vacation time. Does this set a precedent for other employees? Does give my son the ability to take more vacation days than he is actually allotted?

- CALLER: The company I work at will be closing in a few months. Will I be owed severance pay after 2 years of service? What is a “minimum buyout”?

- CALLER: My wife is on maternity leave and plans to return in a month. Before she left, she had completed four consecutive maternity leave fill-in roles at the company, with an increasing amount of pay. When she returns, she will be returned to her original position with her regular amount of pay. Is that right?

- CALLER: I have worked at the same company for 10 years through a Temporary Help Agency. The company just implemented a new program that will end my employment there, and they will give me working notice. Would I still be owed severance pay as a temporary help worker?

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 a Toronto employment lawyer.

Denied Long Term Disability? We Can Help.

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

 

Canadian Employment Lawyer&nbsp;<a href="http://www.stlawyers.ca/david-vaughan">David Vaughan</a>, founding partner&nbsp;at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto, the surrounding GTA, Hamilton, London and across Ontario.
David shatters myths and misconceptions about severance pay, terminations, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, and more.
ON THIS EPISODE:
- WEEK THAT WAS #1: An employee with 12 years of service was paid a base salary plus commission for regular work. When he was let go, his employers said he was not owed any severance, because he had signed a contract that declared he was an independent contractor. David explains why a contract cannot determine whether somebody is an employee or an independent contractor.
I signed a contract that said I am an independent contractor. Am I owed severance pay if I am let go?
- CALLER: I just started a new job as a manger, where I am paid a salary. My coworkers say that we&rsquo;re not owed overtime pay if we work overtime. Is that true?
- CALLER: I want to start a business. Do I need WSIB coverage for my company?
- WEEK THAT WAS #2: An employee was given 3 months of working notice. The employer extended the notice period multiple times, without advanced warning to the employee. What happens if an employer keeps extending the working notice period?
- CALLER: I was fired by a trucking company almost two years ago, after 7 years of employment. After a small accident while driving a transport truck, I was fired. Am I owed severance pay? Was I terminated for cause?
- CALLER: I&rsquo;ve been off work for many weeks due to an injury. I just discovered that they hired somebody to do my job. They&rsquo;ve also changed the hours of my job. Can they change the hours of work and hire somebody to temporarily replace me? What happens if I want to return? What is the employer&rsquo;s duty to accommodate?
- CALLER: My daughter works part-time for a large company. She had a doctor&rsquo;s appointment booked, which was rescheduled due to a snow storm. Her manager doesn&rsquo;t want to give her the time off. What should she do? Does she need a doctor's note?
- CALLER: My husband&rsquo;s hours of work were reduced drastically at the family business he worked at. He eventually quite due to stress and picked up a job elsewhere. What are his rights? David explains why this would constitute a constructive dismissal.
- CALLER: I am undergoing a performance review. If the review comes back with a verbal warning, should I sign it?
- CALLER: My son works at a fast food restaurant. He was accused of smoking marijuana in his car. They made him sign a substance abuse policy on the spot, despite the fact that he disagreed with it. Will this affect his chances of becoming manager. Should he submit a protest in writing?
- CALLER: My son works at a small business. His coworkers have taken extended vacation time. Does this set a precedent for other employees? Does give my son the ability to take more vacation days than he is actually allotted?
- CALLER: The company I work at will be closing in a few months. Will I be owed severance pay after 2 years of service? What is a &ldquo;minimum buyout&rdquo;?
- CALLER: My wife is on maternity leave and plans to return in a month. Before she left, she had completed four consecutive maternity leave fill-in roles at the company, with an increasing amount of pay. When she returns, she will be returned to her original position with her regular amount of pay. Is that right?
- CALLER: I have worked at the same company for 10 years through a Temporary Help Agency. The company just implemented a new program that will end my employment there, and they will give me working notice. Would I still be owed severance pay as a temporary help worker?
<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 a <a href="https://stlawyers.ca/toronto-employment-lawyers/">Toronto 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>.
&nbsp;

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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