5 Rights Overlooked by Employees - Employment Law Show: S3 E23

Рет қаралды 36,460

Samfiru Tumarkin LLP Employment Lawyers

Күн бұрын

5 Rights Overlooked by Employees, 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, British Columbia and Alberta on Season 3 Episode 23 of the only employment law show on TV in Canada.
⚖️ EmploymentLawyer.ca
📧 help@employmentlawyer.ca
☎️ 1-855-821-5900 (Toll-free)
FEATURED ON THIS EPISODE...
0:00 - Intro
🔹 LTD Denied and Force Back to Work - 2:03
Can an insurance company cut off your disability claim after two years? What should you do if your LTD claim is denied, and your employer considers your employment ended if you don't return to work (against your doctor's orders)?
• Get help when your LTD is denied: bit.ly/Disability-Lawyer
📞 CALL: Fired While on Stress Leave - 4:34
Caller from bit.ly/Employment-Law-Show: I was fired after taking a doctor-recommended stress leave. I was given 8 weeks' pay after 21 years as a manager. What are my rights?
• More on Severance Pay: bit.ly/Severance-Pay
📞 CALL: Shifted to New Job, Pay Cut - 7:15
I was shifted from one position at the company to another, and my pay was reduced. They told me that my pay might go back up again, but that hasn’t happened yet. How long do I have to wait before I can do something about this?
• Learn more about Constructive Dismissal: bit.ly/Constructive-Dismissal
▶️ 5 Employment Rights Overlooked by Employees
1️⃣ The right to full severance pay upon termination - 9:45
• This is how severance pay is calculated: bit.ly/Calculate-Severance
2️⃣ The right to a workplace free of harassment - 11:12
• Find out more about how to respond to Harassment and Discrimination at work: bit.ly/Harassment-Lawyer
3️⃣ The right to your same job, once you return from a maternity or paternity leave - 12:48
• Your rights during and after a Maternity Leave: bit.ly/Maternity-Leave-Rights
4️⃣ The right to refuse a new employment contract from your current employer - 14:18
• Everything you need to know about Employment Contracts: bit.ly/Employment-Contract
5️⃣ The right to be accommodated at work if you have a disability or illness - 15:56
• Find out about an employer's Duty to Accommodate: bit.ly/Duty-To-Accommodate
📱 Pocket Employment Lawyer - 17:42
Lior Samfiru explains how the Severance Pay Calculator works, and how it has helped over 1,000,000 Canadians determine the amount of severance pay they are owed upon termination in Ontario, British Columbia and Alberta.
• Calculate severance pay through the Pocket Employment Lawyer here: bit.ly/Pocket-Employment-Lawyer
📱 SEVERANCE PAY CALCULATOR - 19:55
www.severancepaycalculator.com: I was let go without a reason after 10 months on the job. I have been given three days to accept a two-week severance offer. I'm 57, and had a $60,000 salary in a professional role.
📞 CALL: Fired Over Job Interview - 22:23
Caller from bit.ly/Employment-Law-Show: If an employee tells me that they are interviewing for a new job somewhere else where they feel they have a better chance at career advancement, am I allowed to let them go?
📞 CALL: Temporary Layoff Before Christmas - 25:14
I was temporarily laid off before Christmas when business slowed, with the promise that they would call me back to work, but that hasn’t happened. What are my options
• What to do with a Temporary Layoff: bit.ly/Temporary-Layoffs
❓ One Year Non-Compete Clause - 26:57
From www.terminationquestions.com: I signed a 1-year non-compete clause when I first started with the company. I was just fired. Is a non-competition clause valid? Will it hold up if I get a job with a competitor?
• Watch our video on Non-Competition Clauses here: bit.ly/2HZvbYQ
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► Before you call a lawyer, use PocketEmploymentLawyer.ca to find out if you might have a case: bit.ly/Pocket-Employment-Lawyer
► Calculate the amount of severance pay your are owed with the Severance Pay Calculator: bit.ly/Severance-Pay-Calculator
► Denied Long Term Disability? We Can Help. Find out more: bit.ly/Disability-Lawyers
📍 Toronto employment lawyer - bit.ly/Toronto-Employment-Lawyer
📍 Vancouver employment lawyer - bit.ly/Vancouver-Employment-La...
📍 Ottawa employment lawyer - bit.ly/Ottawa-Employment-Lawyer
📍 Calgary employment lawyer - bit.ly/Calgary-Employment-Lawyer
📺 More about the Employment Law Show here: bit.ly/Employment-Law-Show
📺 Watch the Disability Law Show here: bit.ly/Disability-Law-Show
Twitter: / stlawyers
Facebook: / stlawyers
LinkedIn: / samfiru-tumarkin-llp
#EmploymentLawShow #SeverancePay #SamfiruTumarkin #EmploymentLawyer

Пікірлер: 73

@georgedorsey9746 Жыл бұрын

your videos are very good and have a wide message thank you

@terrencemilton5088 8 ай бұрын

15:49....what if they accommodated you then turned around and put you back in the the conditions you complained about. Wouldn't that be some form of retaliation.

@ThePeterDislikeShow 4 жыл бұрын

Wow, so many rights in Canada!

@bluebutterflymayable 4 жыл бұрын

Wow thank you for all this information.

@SamfiruTumarkinToronto 3 жыл бұрын

We're happy to provide it when it comes to facts about employment rights in Canada.

@phareke Жыл бұрын

Thank you so much.

@maryfuentes5110 2 ай бұрын

Great informatiin ty

@makeadifferencedriver 2 жыл бұрын

That’s for this production 🙏

@SamfiruTumarkinToronto 2 жыл бұрын

Thank you for your comment.

@Thasoosh Жыл бұрын

Recommend any US Labor Law programs/podcasts? I love this guy in the Right.

@SamfiruTumarkinToronto Жыл бұрын

Hi Louise. We appreciate your kind words! We're not familiar with any programs like ours in the U.S.

@bontonsouthd-town1714 3 жыл бұрын

Question if I come back FMLA and I am a salary worker and I come back in between one of the two weeks that we get paid for salary but my employer violate my FMLA reinstatement rights because I should have been able to work the last four days of the first week pay But my district manager only had me to come in for 30 minutes to explain to me about the new store I would be working at so I worked 30 minutes of the first pay week and the whole week of the 2nd pay week and we get paid bi-weekly salary but my employer only paid me for that one week. Do my employers supposed to pay me for the two weeks my normally pay salary in this situation?

@fredlay4926 3 жыл бұрын

Is this show still available and running

@Santini.1 Жыл бұрын

I’ve been falsely accused of doing something *wrong* at work when I’m honestly not the one doing it. We have cameras all in the hospital & I’ve still been confronted by 3 managers a total of 5 times over a 9 month period. Does anyone know if there is anything I can do about being falsely accused?

@malcolmarmstrong906 Жыл бұрын

@empressthefemalekinglife2529 Жыл бұрын

I work for the large rental car company and I notice their always being sued for blaming customers for things like not returning the car . Well on this matter I been an employee for two years and our chad been manipulative and taking our commission off by thousands of dollars a this should be illegal . Ripping us off with our commission. I make them over 100k a month they have given me $3k off a 4 percent payout

@Spazzbinhavin 2 жыл бұрын

I got hired to work in state but they have me working out of state, not sure if this is legal

@adlerbr12 4 жыл бұрын

I'm a temporary fulltime worker, I've been with a company that is the cornerstone of my small business, they are now talking about letting me go since I've been there for 3q1 years do have any recourse.

@SamfiruTumarkinToronto 4 жыл бұрын

There is no way to stop the company from letting you go, but you would be owed as much as 2 years' pay. If/when they let you go, give us a call.

@Girrrrrrrrrrrrrl66 2 жыл бұрын

My friend is killing himself at a job in Florida. He is a salary employee and they are making him work 15 to 19 hours a day. He's afraid to say something because he's afraid he'll lose his job. What can he do to avoid losing his job.please help me help him.

@Foxie635 3 жыл бұрын

So someone else has to do your work for two years? Hell no, the law needs to change.

@davidcalabro9450 4 жыл бұрын

My employer Mellow Mushroom. In Jacksonville Fl. At the beginning of covid-19, they sent out a company wide email that reached over 400 employees. The email stated that we should NOT file for unemployment insurance, and if we had we should cancel our claims and if we don’t they will be denied by the company. They assured us that they would be filing for monies to assist us all. After 5 weeks the company received their bailout and then fired/furloughed everyone except the executives. And paid the executives all the bailout money. When I stated that this was unethical and wrong to do and I was threatened with slander and defamation lawsuit. I welcome my day in court as I believe we were all wronged, what are my legal options? Any advice is welcomed.

@SamfiruTumarkinToronto 3 жыл бұрын

Hi Drk, unfortunately we cannot comment on your situation as we practice employment law in Canada, not the United States. Please take care.

@robertjoe7590 3 жыл бұрын

The company has to pay unemployment insurance no matter what contact the labor department and explain your situation

@bigpoppak 4 жыл бұрын

Could you do an episode on how employers ask if you have a criminal record and if you are bondable. Most people have zero understanding of the illegalities of this when there is no bond taken out on the worker

@SamfiruTumarkinToronto 4 жыл бұрын

Thank you for your suggestion Kyle, we will take it into consideration.

@malcolmarmstrong906 Жыл бұрын

@@SamfiruTumarkinToronto Bond??

@glockforty6920 4 жыл бұрын

For example let's say if I injured my shoulder would I have the right to do light work and if my supervisor tells me that I cannot do light work and tells me to continue to do the regular work as usual do I have the right refuse work??

@SamfiruTumarkinToronto 4 жыл бұрын

If you suffer from an injury and require accommodation in the workplace, your employer must make reasonable efforts to accommodate you to the point of undue hardship. Therefore, if you provide your employer with a doctor’s note that confirms you cannot do your regular duties because of your shoulder injury, and instead can only perform light duties, your employer cannot force you to do your regular duties. If your employer continues to attempt to force you to do regular duties, please give us a call at the number below. We would be happy to assist.

@glockforty6920 4 жыл бұрын

@@SamfiruTumarkinToronto thank you for answering my question

@emmanuelgartei2018 Жыл бұрын

I work for a family owned window frame production company in fargo North Dakota, I have been there for a year now and we work 12 hours shift 2 days on 2 days off working every other weekend, recently the plant manager decided to throw away all the chairs that was available for us to be able to sit for a little bit after standing for long periods of time his reason of. His reasoning of throwing all the chairs in the dumpster was that employees are falling asleep sitting and they are on their phones and not paying attention to line causing it to crash and producing bad product known as scrap………so now he said none of production workers are allowed to sit at all we are required to stand for 12 hours a night! Is he allowed to do that someone please direct me in the right direction 🤷🏿‍♂️🙏🏿

@ShinySilverBunny 9 ай бұрын

This is soundsblike major abuse and safety issue and gross neglect of employee well-being at work.

@meljones7732 Жыл бұрын

I currently working for a small cleaning company, the clients don't want me to quit but I don't want to work for the boss, as he is unreliable. I want to start my own business but ask the clients want me to continue cleaning them. I've not signed anything, but I'm not sure if he can take any actions against me if I keep his clients without him being involved. What course of action should I take

@SamfiruTumarkinToronto Жыл бұрын

Great question. It really depends on your relationship with your employer, the clients and any contract you may have signed. If you work in Ontario, Alberta or B.C. definitely call our team for a consultation at 1-855-821-5900 so we can review and let you know what your options are!

@dwaynej.6904 2 жыл бұрын

Can your employer investigate you without giving official notice of the investigation? I was sent home because I called in sick but my employer wouldn't tell me if I still had a job. I called to get information but no one would tell me anything and claim that it was being investigated but I never was given anything in writing to say I was officially being investigated. I had been working there for 30 years with no history of Leave abuse and no issues of insubordination.

@jeffreymeeks4051 4 жыл бұрын

If someone could answer my question rather quickly I'd appreciate it. Can you get fired for willingly choosing not to go to an unrelated volunteer event you've been scheduled for? I am scheduled to volunteer at the YMCA tomorrow but cannot make it due to family obligations, does your employer have grounds to fire you over that even though it is not directly related to your work?

@SamfiruTumarkinToronto 4 жыл бұрын

You cannot be fired for cause, but you can be let go with full severance.

@daviddevries2078 7 ай бұрын

I work for tolko 40 years now seeing they cut seniors overtime to save money,only new employees get overtime,we still have to do it,they now owe me 780 hours of overtime,,I don’t know where to turn they are firing or laying off senior employees,,im a couple months from loosing my home without this extra money,,in the past I have 17,000 hours overtime,never late,,,just abused by these new managers,,,

@pamashai Жыл бұрын

Can employer force employees to be always on the camera in the times on meeting while working from home which has been so common since the Covid-19 pandemic? The corporate that I work for has always been micro monitoring employees through video conferencing and Location tracing! Do we have the right to go against such policies where they mention that it is under their security policy!

@edericoreichard1990 3 жыл бұрын

I have a story! I work for a company in Pennsylvania, that laughs at the corona virus pandemic and they don’t inforce anything at work related to c virus, in fact no one wears mask accept one person, leaving approx 35 people don’t wear masks, one guy is still home on oxygen approximately 3-4 weeks now, talk about super spreaders

@NMT-pw1ui 4 жыл бұрын

What if the bathrooms don’t work and you get a written up for using the bathroom?

@onlyallegra 3 жыл бұрын

@NMT 2021 What the heck? Quit that hellhole! They have humans to accommodate not robots.

@NMT-pw1ui 3 жыл бұрын

@@onlyallegra lol yeah of course you know more then I do in my life. It was just a question. The bathroom didn’t work and they didn’t fix them to a couple of weeks . Like I said it was just a question don’t get all hurt.

@discriminationisreal Жыл бұрын

Do you accept client from Saskatchewan?

@SamfiruTumarkinToronto Жыл бұрын

Great question. If you have been cut off or denied long-term disability benefits and work/live in Saskatchewan, our firm can definitely help you get compensation. Contact us at www.DisabilityRights.ca to connect with us! However, if you have an employment issue, we are not able to assist. Our employment lawyers can only help individuals who work in Ontario, Alberta or B.C.

@shakeelmohideen7172 3 жыл бұрын

Not all companies offering severance pay...

@SamfiruTumarkinToronto 3 жыл бұрын

@Shakeel in Canada, companies MUST legally provide severance pay. While a company may decide that they do not want to offer a terminated employee a severance package, they are still required to provide severance based on numerous factors, including age, years worked, position, and more. If you were employed in Alberta, British Columbia or Ontario, and were let go in the past two years without receiving severance, contact our team at 1-855-821-5900 or EmploymentLawyer.ca to learn more about your rights.

@kirkmcrae2807 3 жыл бұрын

If an employee is terminated with cause then is severance pay still legally required to be paid out by the employer??

@drwrencho4392 3 жыл бұрын

@@kirkmcrae2807 no but cause is pretty difficult to prove

@everybodyloveempress7714 Жыл бұрын

Been at my job two years and recently we have been required to sign new agreements about phone usage at the counter etc. I was verbally written up by a manager whom I feel dislike me for several reasons . I’m the top agent and I’m cool with the head managers . I’m here today because I was written up for the first time ever for having my hood on with my phone feet kicked up when we didn’t have any customers . We just had a party at work it a Friday . Mind you everyone was on their phone but I was the only one written up . I’m okay with being punished just be fair . Maybe I’m being petty but I can’t sleep and I think about it when I wake up . I really like my job just poor management. That same manager not even 24hrs later have her phone out at the counter texting or doing whatever on it . Just be fair . If this is a real situation I need advice as a libra ♎️ I’m not letting this go

@SamfiruTumarkinToronto Жыл бұрын

Sorry to hear about your issue at work. Generally speaking, if an employee is written up, but they disagree with the reprimand, they may choose to protest the write up. An employee can provide a respectful response, in writing, to their employer explaining why they disagree with write up. Failure to respond to a write up suggests that the employee in question has accepted and agrees with the reprimand. In Canada, if an employee is fired due to one or several write-ups, they are still likely entitled to a full severance package - as much as 24 months' pay.

@everybodyloveempress7714 Жыл бұрын

I’m currently living in Florida. This is the second time in less than two weeeks their trying to write me up

@tonyrollins4098 10 ай бұрын

Can you get fired if you done something someone else did and don’t get fired or someone done something worse and didn’t get fired

@SamfiruTumarkinToronto 10 ай бұрын

In Canada, an employer can fire an employee for any reason, as long as the reason for termination isn't discriminatory (based on the person's gender, age, race, disability, etc.) That means that an employee can be fired for doing their job in a way that a co-worker is doing it, but not being reprimanded for. However, an employer in this situation must still pay the fired employee a full severance package, which could be as much as 24 months' pay. If you're in Ontario, Alberta or B.C. and this fits your situation, you should contact us for a consultation: stlawyers.ca/contact-us/

@kathychappell7924 3 жыл бұрын

What about commission jobs?

@SamfiruTumarkinToronto 3 жыл бұрын

Employers can't make significant changes to an employee's commission as it was agreed upon when they started working for the company. Such a change may be treated as a constructive dismissal.

@angelgonzalez9572 4 жыл бұрын

Can my empoyer cut three days off out of nowhere?

@SamfiruTumarkinToronto 4 жыл бұрын

Hi Angel. It all depends on your situation. If the three days represented a fair portion of your schedule (i.e. three days out of your 5-day workweek have been eliminated), you could argue that a significant change has been made to the terms of your employment. You could argue constructive dismissal and walk away from the job with full severance pay.

@sheliaramzy8157 4 жыл бұрын

Can a employer report you after signing a waiver admitting to no liability.... Then I found out I was reported .like a year after the fact

@awenoolays6540 Жыл бұрын

If one is not satisfied his defence law

@phonglam2018 3 жыл бұрын

unionized employee is easier to terminate, if your union is USW union. Never join the USW union

@bluesdoggmusicrediker4614 3 жыл бұрын

read osha rules about restrooms...

@KevinTheCardigan 2 жыл бұрын

They post all this shit but you actually contact them with a case and they dont respond. I hope yall are just busy!

@BFore-rr6ze 3 жыл бұрын

How much of Canadian employee law applies to US? Can you recommend a similar YT channel for US employees?

@SamfiruTumarkinToronto 3 жыл бұрын

You should not rely on provincial and common law (judge made law) in Canada for guidance on employment law matters in the United States. Please refer to law firms operating in your specific state for information on your employment rights.

@edericoreichard1990 3 жыл бұрын

I’m the guy that wears the mask FYI