Employee or Independent Contractor, 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 18 of the only employment law show on TV in Canada.
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0:00 - Intro
► 1:43 An employee started working at a company 19 years ago. He decided to leave 6 years ago. 3 months later, he decided he wanted to return to the previous employer, who took him back. 6 Years later, the employer fired him due to restructuring. They offered him severance pay based on 6 years, instead of 19 years. Was that wrong? Was he actually a continuous employee? How does a gap in employment affect severance pay?
► 5:30 A caller from www.employmenthour.com: My sales manager is doing everything in his power to ensure I don’t make my sales target. Now he’s trying to force me to take on another full-time territory for the same salary. What should I do? Is an employer allowed to increase my workload?
► 8:30 A caller from www.employmenthour.com: I was injured at work, and had to take time off work on employment insurance. The company sent me a letter telling me that I no longer had a job there. Is there a time limit on when I can go after them for severance pay?
► Am I an Employee or an Independent Contractor?
• 10:36 - What is the difference between an Employee and an Independent Contractor?
• 11:42 - How do you know if you have been misclassified as an Independent Contractor?
• 12:41 - How common is it for someone to be misclassified?
• 13:26 - So you believe you are really an Employee. What do you do?
• 14:34 - Do you have any advice for Employers?
► 16:50 www.severancepaycalculator.com and why over 500,000 Canadians have used it to discover their rights, when a wrongful dismissal scenario is at play.
► 18:03 www.severancepaycalculator.com example scenario: 53-year-old Alice worked in digital marketing at a company for 7 years. She was fired on a Monday morning without explanation, and offered 7 weeks’ pay. Alice’s friends are telling her to “take the money and run” - are they right?
► 19:59 A caller from www.EmploymentHour.com: I was assaulted at work by a coworker. My employer has failed to do anything about it, and now I’m convinced that they’re going to try and let me go.
► 23:18 A caller from www.EmploymentHour.com: A friend of mine was fired from her job at a big international company. There was no reason for the dismissal, but she was under a performance review. They gave her 2 weeks’ pay after 2 years of work.
► 25:50 www.terminationquestions.com: My employer told me that I can either resign or take a demotion. Which one should I choose?
► 27:21 www.terminationquestions.com: I was just let go. I’ve been offered an additional 2 weeks’ pay to release any future claims to sue. In the last 12 months I worked over 500 overtime hours. Will signing the release preclude me from filing a severance claim with the Ministry of Labour?
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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
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