How to Handle Workplace Harassment - Employment Law Show: S3 E3

HOW TO HANDLE WORKPLACE HARASSMENT 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 3 of the only employment law show on TV in Canada.
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FEATURED ON THIS EPISODE...
0:00 - Intro
1:29 Overtime pay for salaried workers, delivery driver
A salaried delivery driver was required to work as many as 60 hours each week. His employer told him that because he is a salaried employee, he is not owed any overtime pay. Are salaried employees entitled to overtime pay?
3:51 Company medical benefits cut during disability leave
I worked for a company for 22 years. I was injured in two workplace accidents, and now I'm on disability leave. After 2 years, my employer cut off my employee medical benefits. Where do I stand on this? Is this constructive dismissal?
• Read about Constructive Dismissal here: bit.ly/ConstructiveDismissal
5:57 Private school teacher fired, hard to find work
I was a private school teacher for 8 years. At the end of the school year, I was fired, and given 8 weeks' termination pay. I'm 45, was at the top of the pay scale, and overqualified. Finding a new job will be difficult. Was I given enough severance pay?
• Learn more about severance pay: bit.ly/SeverancePay
8:30 How Contract renewal creates an employee
Does a contractor become an employee after their contract is renewed by the same company enough times?
9:28 WORKPLACE HARASSMENT and HOW TO HANDLE IT
10:15 1️⃣ From a legal standpoint, what is considered workplace harassment, and what are some examples?
11:18 2️⃣ Does the employer have an obligation to prevent workplace harassment? How does the employer meet these obligations?
12:43 3️⃣ What should individuals do if they are subject to workplace harassment?
13:35 4️⃣ Should an employee be concerned that by complaining about harassment, they will be punished by their employer?
14:52 5️⃣ How should an employer react to a claim of workplace harassment?
16:09 6️⃣ What can an employee do if the employer won’t deal with workplace harassment?
18:47 Severance Pay Calculator
Why over 550,000 people have used it to discover their rights, when a wrongful dismissal scenario is at play.
20:53 65+ year old fired, severance pay
I worked in sales at the same family-run business for 32 years. Last week, one of the younger family members took over as manager, and fired me. Given that I’m 71, I wasn’t shocked by this! They want to give me 12 weeks’ pay as a nice retirement gift. Should I ask them to throw in a few extra weeks?
• Calculate your severance pay here: bit.ly/SeverancePayCalculator
22:54 Relocating long-serving employee
I would like to move one of my long-term employees to a new work location. I’m not sure that she will want to accept the move. If she doesn’t, could it be considered constructive dismissal?
• Read about Constructive Dismissal here: bit.ly/ConstructiveDismissal
25:33 Injured back, Insurance company cut disability benefits
I was injured, and had operations on my back. While I was off on disability, the insurance company told me I no longer qualified for disability benefits, and cut me off. My employer told me to show up for work, or I would be fired.
27:49 Severance for part-time workers
Am I still owed severance when I’ve only been working part-time? My employer said no. I’m 31 and have been there for 10 years, working in a grocery store.
DISCOVER YOUR RIGHTS!
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[@helenewebster9462]

I painfully suffered all the mentioned Retaliation Workplace Harassment; but Unbeknownst to me Atty Little omitted from EEOC'S investigation.

[@jasminem5316]

You guys should add which laws apply to each point you make. For example, which regulation makes it necessary for employers to take proactive action against workplace harassment?

[@SamfiruTumarkinToronto]

Thank you for your recommendation Jasmine. We will consider it. However, that would extend the runtime of the show, if we were to delve into each and every law, regulation, and case law. It would also complicate and confuse some topics. The great thing is that you don't need to worry about what those regs and rules are - that's for our employment lawyers to worry about on your behalf!

[@JanFrazier-fj4oy]

I work at a salon it's a franchise, but they tell use that if we are scheduled to work 9-5 but if we are busy 20 mins before we get off we have to stay over 2 hrs no matter what. If we don't we could get wrote up, or our pay maybe cut. But we never signed any papers stating we agree to do that. Nor did they tell us at our orientation. When they told me was the same day l was supposed to get off at 3. Is this legit or not

[@lizmcgee1862]

Does Mr. Samfiru offer advisement for only Human Resources or Human Rights, or both, in the workplace?

[@SamfiruTumarkinToronto]

Samfiru Tumarkin LLP represents employees on all workplace human rights issues.

[@AmericanTrucker89]

How does this work cost of getting a lawyer do you guys take a case and split the percentage or its paid only by case like a one time

[@SamfiruTumarkinToronto]

Thanks for the question. It all depends on the arrangement agreed upon with the client. Our contingency arrangements are very popular, as it means the client doesn't have to pay upfront on work done, and a percentage is paid only if we successful resolve the matter - and legal fees are almost always covered by the employer. We also offer hourly fees on matters where it makes most sense.

[@annaleong617]

This is awful. My employer dismissed two incident reports with facts and evidence to my manager misconduct. HR did an investigation. However, said they did not find any substantial evidence to support my complaint. What I don't understand why they would protect a manager who is toxic and enable such behavior. He will continue to do this to other people. Alot of people fear and are afraid to speak up. How does such a toxic manager be held accountable to harassment, discrimination and bullying?

[@sonyastefanova5785]

Because human resources will do everything possible to avoid being held accountable, otherwise they will have to pay you compensation. Their investigation consisted of finding nothing to prove that there had been a legal violation. HR protects the company, not the workers' labor rights.

[@latoyalomax9500]

Do u have to use the word harassment when reporting it? But use words like bullied and pushed and frustrated because I can't get your job done because of the undermining of these people?

[@SamfiruTumarkinToronto]

Harassment comes in many forms. It can also be physical or verbal bullying, assault or aggression.

[@techworld-kc6lt]

I heard it’s a waste of time and will take years suing now cause of the pandemic the court is overwhelming with cases

[@SamfiruTumarkinToronto]

@tech. world. That is not accurate at all. The pandemic has not impacted our ability to negotiate and secure proper severance in a timely fashion, a matter of weeks or a few months at most on average.

[@DavidSilverPrecious]

@@SamfiruTumarkinToronto hello - ironically I work for the home of a prestigious cancer hospital (albeit not a hospital employee) and I'm facing discrimination (no raises, interviews for advancement opportunities in the department, constantly being told my diagnosis has made by supervisor's life difficult, on and on). I've had my fmla leave approved again recently and harassment escalated. Needless to say, I'm beginning to look for representation, but I don't know if employment attorneys would consider working on contingency. Basically I'm worn out.

[@SamfiruTumarkinToronto]

@@DavidSilverPrecious Hi David, sorry to hear that you are experiencing this. If you work in the United States, we are unable to assist you at this time, as we are currently (as of Dec. 2022) only offer employment law services in Canada. Please take care.

[@samboriboun2213]

I will say it to his face

[@LTNVLZU]

Do the employement laws in the USA applies equally across the nation?

[@SamfiruTumarkinToronto]

Hi Elton. Our employment law firm acts for individuals in Ontario, British Columbia and Alberta, in Canada. We do not represent individuals in the United States. As to your question, there are both federal and local state laws that apply to each state.

[@LTNVLZU]

@@SamfiruTumarkinToronto Oh ok...thanks.

[@jenniferj2456]

Hell no!

[@sonyastefanova5785]

I don't know how it is in the States, but I want to tell you that in Denmark, even though harassment and sexual harassment are described in the legislation, when you seek help from the trade unions they literally turn a blind eye, when you seek legal help they don't even know who would do it with such a case, even the bar association told me that there was only one lawyer in Denmark who dealt with such cases, which sounds absurd and comical. At the same time, there are banners to stop violence against women, sexism, human rights are promoted very loudly, and the truth is that nobody cares about the working class and our rights. Only the labor inspection bureau took the case seriously, the lawyers are too lazy to even listen to you. Perhaps conversations with them should start as business - tell me how much sympathy you will show me so I know how much to pay you.