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5 Fast facts about terminations 'without cause' - Employment Law Show: S8 E11

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Samfiru Tumarkin LLP Employment Lawyers

5 FAST FACTS ABOUT WITHOUT CAUSE TERMINATIONS on the Employment Law Show with employment lawyer Lior Samfiru. Discover your workplace rights and learn about employment law in Ontario and British Columbia on Season 8 Episode 11 of the only employment law show on TV in Canada.

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FEATURED ON THIS EPISODE...

0:00 Intro

2:52 Denied leave of absence to care for family member
I have elderly parents who live overseas. Unfortunately, my father has become very ill and needs extra care. I asked my employer for approval for a leave of absence but was denied. I was told if I choose to leave it is considered a resignation. What can I do?

7:39 Severance including commission
I’m 56 years old. I recently moved and took a job at a small company in Sales. I earned a base salary as well as a commission. I was let go due to business being slow and was only offered 2 weeks of severance pay.
• Severance Pay: https://bit.ly/SeverancePay

10:19 Failure to meet sales targets
I work in software at an engineering firm. My expected daily deliverables were vague, and I’m worried a failure to meet the targets could lead to termination. Can a failed performance review negate severance and E.I. entitlements?

13:38 A pay cut due to modified duties
I’ve been off on a long medical leave but I believe my doctor is going to grant permission to return to work, with accommodation. Can my employer pay me less if I go back to work on modified duties?

5 Fast facts about “without cause” Terminations
15:02 1⃣ Your employer can terminate your employment for any reason and at any time.
15:53 2⃣ Terminations cannot be due to a discriminatory reason i.e. gender, religion, age, etc.
16:41 3⃣ Termination without cause applies even if you made a mistake, didn’t make your goals, or failed a performance review.
17:29 4⃣ You are owed full severance pay when you are let go without cause.
18:11 5⃣You have up to two years after being fired without cause to claim severance pay.

21:07 Labelled contractor and not given severance
I worked for a company as a sales rep for 15 years and am 45 years old. I was classified as a contractor. Last month I was let go when they changed their whole sales structure. I was told that since I’m not an employee I’m not owed any severance. Is this accurate?

24:38 Work schedule changed by employer
If my employer moves me to a new department, can they change my hours? I’ve been working the same schedule for 10 years, and nothing in my employment contract mentions working weekends or evenings.

Rapid Fire Employment Laws
27:18 • Can you be fired for going on longterm disability benefits?
27:45 • Are employers obligated to pay employees while on medical leave?
28:05 • Can your employer withhold tips/commission payments?
28:30 • Innocent errors at work do not justify a termination “for cause”.
28:47 • Are all employees automatically on a threemonth probation when they start a new job?
29:00 • Are employees owed severance if pressured to resign?


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