What your employer legally can't do - Employment Law Show: S5 E26

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Samfiru Tumarkin LLP Employment Lawyers

Күн бұрын

WHAT YOUR EMPLOYER LEGALLY CAN'T DO 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 5 Episode 26 of the only employment law show on TV in Canada.
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FEATURED ON THIS EPISODE...
0:00 - Intro
🔹Ten weeks of severance after twelve years of employment - 2:08
I worked at a dental office and due to COVID-19, we've lost business. I was let go with ten weeks of severance pay. Is this accurate?
📞 Let go after a return from medical leave - 6:27
Caller from bit.ly/Employment-Law-Show: I was off work sick for 2 years. When I returned to work, I was let go a week later. I had been there for 18 years in a managerial role. Can they do that?
• Use the Pocket Employment Lawyer for Severance Pay here: bit.ly/PocketEmploymentLawyer
❓ Employer introducing a pay cut due to COVID-19 - 9:34
www.terminationquestions.com: My employer is going to bring in a 25% pay cut next month. She says it is the only way the company will be able to weather COVID-19, and that she has the legal right to do it. I haven’t been told how long this will be for.
▶️ What your employer legally can’t do
1️⃣ Demote you or cut your pay - 13:01
2️⃣ Force you to quit your job or retire - 14:47
3️⃣ Refuse to pay you for overtime you have already worked - 16:28
4️⃣ Put you on a temporary layoff - 17:32
5️⃣ Create a toxic work environment - 18:56
6️⃣ Not give you severance pay when you are terminated, laid off, or let go from your job - 20:02
📞 Fired for cause - 21:17
EMPLOYMENT LAW SHOW Caller: What does it mean to be fired for cause? Is somebody owed severance in that case?
• More on Severance when fired for cause: bit.ly/Termination-For-Cause
📞 Increased hours of work but no increase in wages - 24:20
EMPLOYMENT LAW SHOW Caller: I manage the service department at a car dealership. Most of the staff was fired at the start of the pandemic, and I’ve had to work extra days each week to keep things going. However, my pay hasn’t increased, and business hasn’t really slowed down at all.
❓ Laid off and not recalled as an independent contractor - 26:04
www.terminationquestions.com: I was working as a realtor for a large real estate company for 7 years when COVID-19 hit, and I was placed on a layoff. I expected to be recalled when the housing market picked up again but was told that I wouldn’t be returning and that they can make that decision because I’m actually a contractor. Is that true?
📱 Pocket Employment Lawyer - 28:03
I worked as a realtor for 7 years and then placed on a layoff. What severance should I be owed?
bit.ly/Pocket-Employment-Lawyer
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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 you 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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📍 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
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Пікірлер: 44

@pupdowg420 2 жыл бұрын

I got seriously ill at work from a sewage problem my boss knew of. Now I've only been able to work 5 hours a day, have been ostracized, accused of stealing, and denied raises and bonus. How do I fight back.

@SamfiruTumarkinToronto 2 жыл бұрын

Sorry to hear that you are going through this Jan. If you work in Ontario, Alberta or BC (Canada) please call our team at 1-855-821-5900 so we can review your situation to see what your options may be.

@DanYork-so9cu 3 ай бұрын

My employer is telling me that cra is telling her that she only owns me for severance is a two day for every year I work and I was working there 10 years and she laid me off in December and never told me that she would not be calling me back till I messaged her in March to see when I would be called back

@gertrudegichaba3913 Жыл бұрын

I work as an RN in a homecare setting. This week my employer notified us that we will not be getting a paycheck for the many hours we put in because the company licenses were suspended. How do we go about getting paid? Please let me know if we have legal grounds to challenge this.

@amritapersaud4016 3 жыл бұрын

Hi I have a question. If I lost my keys a few months ago and i reported it to my supervisor. Then as of May 10th I was told I couldn't eat or drink in the room I am working in by myself or use the bathroom. As I did not get my shot yet, I want to get it closer to my wedding in July as I will be going to the US to get my 2nd dose as thats where my wedding is. I decided to quit due to discrimination and feeling awkward. So they told me they have to hold my vacation pay and last paycheck until I return my keys. Is that allowed? I mean 2 months ago they never took any action that I misplaced my keys but now they want to hold my pay.

@DiegoRivera-ez4pf 2 жыл бұрын

What if the employer seeks staff, guaranteed the position. You signed contracts for the position but a few days after finalizing, they said they will not be needing services because the staff was cut in the location, mind you they told you to give your 2 weeks to your other job because your close to the first day after training and signing.? Is their a case

@espianmashias9565 2 жыл бұрын

I gave my 2 page resignation letter along with a 17 page report of what they put me through to my HR in person. I asked for my employee file and it was given to me at that moment. Looking at my file I noticed they had 2 write ups to no fault of my own but, yet had no reports of my complaints to them of their treatments and what they did to me. Can you please tell me why it wouldn’t be there?

@SamfiruTumarkinToronto Жыл бұрын

They should have included your complaints in the file. If you have hard proof of your reports (i.e. an email sent to your employer) that should help support your argument that you filed complaints. You may have a case for constructive dismissal - termination with severance pay due to harassment or workplace issues that made the environment impossible to work in. If you worked in Ontario, Alberta or B.C. (Canada) you should contact us to find out how much severance you may be owed, and how to get it.

@wandaratliff6882 Жыл бұрын

Can they allow to get you to pay for the software for the laptop that you going to be using and we will pay you back

@williamnewby1695 Жыл бұрын

i have a crazy one! how about Honda laying off temp employees after they said they would not! Previously HPE Honda Power Equipment, they merged all honda plant of nc with lawn mower, generator, trimmer and generator (into Honda)! they after said no one is going to be let go. lately they have been trying to weed out anyone with the least problems in the temp field no matter how small the issue, as disciplinary and expendable! They seem to be making an excuse to downsize and force out anyone kelly services employee related person. Despite the meeting we attended (stating honda mowers are discontinued )over regulated) and only atv's)less regulated) no one is being let go! I have been informed (that the least of the problems) even a verbal )even once) no matter the issue you are let go! 2 weeks notice! 360 plus temp employees are at the end of this issue!

@qsd4200 Жыл бұрын

Can they lower your pay in Georgia, citing cost of living?

@carterstone5254 Жыл бұрын

what is the requirements for any employers to hold their employees jobs for 3 months being on sick leave? My wife had total knee surgery on January 4th, on this year, 2023. She contacted her employer. Her employer told her that it don't (federal sick act. ) apply to them because they got less that 50 employees working for them.

@LoveAimshigh Жыл бұрын

I need help, My employer has denied my STD after I gave proper medical paper work from my Drs and they asked me to file an appeal in which I did and it's now determined that I have to return to wrk but in office now and no longer wfh in which we have been forced to for 2yrs. I expressed that I wld like to stay wfh but the employer says I have now request an accommodation. So I share with my Drs again my situation & submitted all medical paper work asked of me.. the employer is NOW saying they have reviewed my info & have decided that I wld have to see THIER Drs so THEY can determine if I'm fit to wfh still. And I would have to choose to come back Into working in the building or resign. **I'm not sure what to do at this point?..Shld I see thier Drs? It seems really like a set up to just determine me unfit to work from home & or just deem me unfit to work for them at all??..but I Do not want to quite my job. Help? Any sound advice?

@chrisfoster3772 Жыл бұрын

What about in MERKA

@soldatvonzufall2548 Жыл бұрын

what about unions? specifically, being forced to work outside the bounds of your unions duties, including more dangerous (hazard pay) and much higher paying work?

@SamfiruTumarkinToronto Жыл бұрын

If you are being asked to work above and beyond the terms of your position, you should discuss it with your union representative immediately. An employment lawyer can't represent unionized individuals. Only their union can represent them, as per their CBA.

@armandogarcia517 2 жыл бұрын

Question, I quit a job for ego and because employer wasn’t working with my time. Only having months of experience and needing 2 years minimum of experience, I apply to the same skill position at different employers and get no call. I know the last employer doesnt support me(Hr) ruining my opportunities, what can I do? I have been in this whole for quite a while.

@danthomas7180 Жыл бұрын

It's disgusting how employees are treated

@danthomas7180 Жыл бұрын

Treated like animals now that I'm in management I see their crooked ways

@danthomas7180 Жыл бұрын

Our superintendent yelled at me because I didn't have my boss's back I said well when I think he is wrong I'm not going to I was like and you can take my position back because I don't want it he didn't take it cuz he knows that I do my best all the employees like me I treat them like humans and I have different ways of pushing guys that are a little slower I'm not a real douche about it

@wandaratliff6882 Жыл бұрын

Working from home and you was told you hire now I am happy and then he tells me that I have to pay for my software for the laptop that I have and then they will pay you back is that right

@mirandapanda2179 Ай бұрын

They did they will and they have and unless I have the money to hire a lawyer there is no use in telling me this information

@danthomas7180 Жыл бұрын

I need help. Hopefully I can find the answer, I'm not finding anything in HIPAA. Is my employer allowed to ask employees to see their covid test results? I'm in Pennsylvania, Thanks

@SamfiruTumarkinToronto Жыл бұрын

Hi Dan. Unfortunately we can't help you with this, as we currently only practice employment law in Canada (as of December 2022).

@terrellmassey1092 Жыл бұрын

Someone please help I can't find anything on this matter can your boss fire you for reporting a matter to the USDA

@ShinySilverBunny 3 ай бұрын

That sounds like whistle-blower. Contact the EEOC and file a claim

@kouxuening3046 Жыл бұрын

is it a good employer and legal to ask employee to give more tasks and instructions to do even not in working place/hours?

@SamfiruTumarkinToronto Жыл бұрын

No, it is actually illegal for an employer to add more duties to an employee's plate without their permission. The employee can view this unwanted change as a form of termination. They can pursue severance pay through a constructive dismissal claim, with help from an employment lawyer, like the ones at our firm (if you work in Ontario, Alberta or B.C.)

@yaninacabrera4535 2 жыл бұрын

Someone stole Two demo phones from the store I work at. My employer deducted this from my commission without letting me know. What should i do in this case?

@johnnybird5466 Жыл бұрын

That’s illegal call labour board

@margieparsons704 Жыл бұрын

Hello, is this employment law for Canada only?

@SamfiruTumarkinToronto Жыл бұрын

Hi Margie, correct. The content in our videos currently concerns employment law in Canada only, not law in the United States (as of October 2022).

@jonathanthompson2605 2 жыл бұрын

No one will give me advice bevause i have union i got fired after 5 years of abuse, harrassment and unsafe work. The union rep pressured me to take settlement he said i may get nothing if we go infront of board. So rather then take chance i accepted it.

@yerxiong9401 Жыл бұрын

Can a assistant or manager tell you what to do when they are not on duty that day…it’s their day off and they give you a text ‘hey you can’t do this or can you get this done?’ Can they do that? Because they are not cloak in at work…?

@SamfiruTumarkinToronto Жыл бұрын

A supervisor, manager or employer is within their right to provide direction to an employee, so long as the requests are part of the employee's understood duties.

@brendaclark8053 2 жыл бұрын

Can they work you every week end ???

@gtr9737 3 жыл бұрын

What happens if they firing me for the wrong reason?

@SamfiruTumarkinToronto 3 жыл бұрын

In Canada, your employer can fire you for nearly any reason (you were late for work, poor performance, slow time of year, drop in sales, restructuring) as long as it isn't discriminatory. This is called a termination without cause. The MUST pay you up to 24 months' pay (depending on a number of factors) in this case. So, you may be fired for a reason that you feel was the wrong reason. An employer can do that. But if they do, they have to give you the correct severance package, otherwise you have been wrongfully dismissed.

@cpedenrn1 2 жыл бұрын

Question. I am a RN working in a hospital. I take direct care of Covid patients and have had covid myself from being exposed at work. I have worked for 33.6yrs. I do not want the covid vaccine because of medical issues. I have been ostracized by the other staff that are vaccinated and feel it is not worth fighting. I am considering just retiring! Thoughts?

@lkw5699 2 жыл бұрын

That is your choice. Go for it...retire

@SamfiruTumarkinToronto 2 жыл бұрын

An employee can choose to retire, but you are not automatically entitled to severance if you choose to quit of your own accord (by your own choice). If you are fired because you refused to get vaccinated, and there is no government mandate for your company or industry requiring vaccination as a term of employment, you are owed full severance pay (Ontario, Alberta, BC).

@mojojeinxs9960 Жыл бұрын

Funny that "what legally they can't do " but they do and get away with it. My employer national corporate company is 2 wks late paying yet again!! It happens frequently even when the gentleman from hours and wages called and talked to the regional HR person. They do not include shift differentials into over time or double time holiday pay. Sign on bonus are never given on time or at all. After a while no manager will discuss why your pay is 10 days late. I have begged to be paid was offered gift cards. Not just myself many other co workers deal with this too. If you don't hound the hell out of them your unpaid wages just forgotten about or takes weeks if not months to collect.