Employer Not Allowed To... - Employment Law Show: S2 E4

WHAT YOUR EMPLOYER IS NOT ALLOWED TO 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 2 Episode 4 of the only employment law show on TV in Canada.
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FEATURED ON THIS EPISODE...
0:00 - Intro
1:22 Harassed by "Star Employee"
An employee was being harassed by his coworker, who was a "star employee", both at the workplace and online outside of work hours. He complained to HR, but they ignored the complaint. What should the employee do to deal with this workplace harassment?
• Lior discusses his options, and why a Constructive Dismissal with severance might be appropriate: stlawyers.ca/constructive-dism...
4:10 Large Bank Fires Great Employee
My sister-in-law worked at a large bank for 18 years. She and four others were let go, without being offered any other positions, despite the fact that she is a great employee. What should she do?
7:18 Your Employer is NOT Allowed To...
7:57 1️⃣ Your employer can't change your Pay, Job Description, Hours of Work. Your employer cannot change the terms of your employment
9:55 2️⃣ Your employer can't put you on a Probation Period after you already passed the probationary period
11:31 3️⃣ Your employer can't refuse to pay your overtime if you actually worked extra hours
12:29 4️⃣ Your employer can't make up a bogus negative performance review
14:15 5️⃣ Your employer can't lay you off temporarily
15:59 Severance Pay Calculator
Why over 500,000 people have used it to discover their rights.
17:57 Can You Be Fired For a Minor Mistake?
Seb worked 4 years at an autobody shop. After years of hard work and positive customer reviews, he made a minor mistake with a client’s vehicle. He was fired for cause, right on the spot. Did Seb’s boss make the right call? Is he owed anything?
20:09 How Company Payroll Impacts Severance
I understand that severance pay changes when a company’s payroll is over $2.5 million, as opposed to under $2.5 million. Is that correct?
23:13 Switch to 12-hour Shifts
My mom has been working at a company for 15 years, Monday to Friday with some Saturdays. Her boss said everybody will soon have to start working staggered 12-hour shifts. This change will be too much, and is already taking a toll on her health.
27:21 Working After 3-Year Contract Runs Out
My three-year contract expired a few months ago, however my employer kept me on until last week, when he fired me. When I asked if I would get two weeks’ severance pay, he said my contract declared that I wouldn’t get a penny after being let go. Are those contracts ironclad?
www.terminationquestions.com
stlawyers.ca/labour-employment...
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[@dddxsxl]

My employer offered me a job that caused me to relocate, but now that position won’t be available for me to Execute until the end of the year. Right now I am being asked to travel further than before and it’s causing me a hardship. I have asked for time accommodations or additional mileage compensation and I am being told this is not an option.. what do I do?

[@toe_tag_9766]

So informative. Thank you for doing what you do.

[@SamfiruTumarkinToronto]

We appreciate your kind comment Dub Step. We hope this information allows both employees and employers to make proper and informed workplace decisions.

[@mealonyshandor8759]

7 years ago i swas due for a dallor an hr raise and every years suppose to get 3 0/0 cost of living annual raise my dollor raise was never change and no raise or 3 0.0 was added last week they gave me my dollor buy wahat about my back pay for those seven years and how tdo i take steps to retrieve that bagk pay retro

[@mealonyshandor8759]

i live in nj

[@preciouz4u]

Can your employer change your work schedule and shift when your were hired for a specific shift and can they change your days off after agreeing to have these certain days off. (Prior for specific reasons that You and your employer discussed previously)?

[@SamfiruTumarkinToronto]

Hi Shalon, thank you for your question. In Canada, it is illegal for an employer to make a significant change to someone's job. That includes giving you completely different shifts from those that you were hired to work. If you choose to work those shifts, fine, but you may end up giving your employer the ability to change them again and again in the future. You can, in writing, refuse to work the different schedule. If your employer still insists you work those unanticipated shifts, you may be able to pursue a constructive dismissal, at which point you may be able to leave your job with a severance package. Learn more about constructive dismissals here: stlawyers.ca/law-essentials/constructive-dismissal/ If this is something you want to pursue, and you work in Ontario, Alberta or B.C. contact us at 1-855-821-5900 and we can talk further. In terms of when you take vacation time, that is ultimately up to the employer. They can determine when you can take your vacation time, although they must allow you to take that time off for the year that the vacation time accrued.

[@cherylgordon1381]

Can your employer change your hourly rate without notification?

[@SamfiruTumarkinToronto]

Hi Cheryl. In Canada (Ontario, Alberta and B.C.), it is illegal for your employer to significantly reduce your pay, period. If they cut it by around 15% or more, they are breaching the terms of your employment, and essentially terminating you. You would be entitled to severance pay through a constructive dismissal. Before you take any action, connect with our team so we can review your situation to find out what your rights and options are, and what makes most sense going forward: www.EmploymentLawyer.ca

[@shellyclark887]

Wasnt offer parte of severence pay.

[@SamfiruTumarkinToronto]

Hi Shelly. If you were fired/laid off from your job in Ontario or British Columbia in Canada, you are likely owed severance pay - and we can help you get it. Call our team at 1-855-821-5900 or [e-mail]

[@Axis_Of_Evil]

After 25 years I quit my job due to work place bullying and harassment. The employer refused to do anything. This was several years ago. Is there a statue of limitation in employment laws?

[@SamfiruTumarkinToronto]

In Ontario and British Columbia (both Canada), the statute of limitation for filing a claim against an employer is 2 years. How many years back does your situation go, Axis of Evil?

[@Axis_Of_Evil]

Samfiru Tumarkin LLP almost five... Obviously too much time has gone by. Thank you for the reply.

[@jacquelinearizmendi1195]

Can an employer lower down your pay rate in PA?

[@SamfiruTumarkinToronto]

Hi Jacqueline. Unfortunately we cannot offer insight into your situation, as you are governed by state employment laws. Our firm currently handles employment matters in Canada.