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PUT ON A PERFORMANCE IMPROVEMENT PLAN? NOW WHAT? 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 6 Episode 06 of the only employment law show on TV in Canada.
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0:00 - Intro
🔹 Employee on leave terminated no severance offered - 2:23
I've been on leave for about a year due to a serious medical condition. I'm receiving treatment but my employer recently informed me that my employment will end and I won't be entitled to severance because I've been on leave. Is this right?
📞 Given months of working notice with no additional severance - 6:34
Caller from bit.ly/Employment-Law-Show: "A family member has been given 8 months of working notice after 37 years with the company. At the end of that time, she’ll be paid unused vacation time, but no severance. Is she owed anything?"
• Use the Pocket Employment Lawyer for Severance Pay here: bit.ly/PocketEmploymentLawyer
❓ Demoted and humiliated by an employer - 9:24
www.terminationquestions.com: Two weeks ago, I was brought into a meeting (where I met my replacement) and told that I was being demoted from the manager to “alleviate my burden”. I was completely blind-sided and embarrassed by this. What should I do?
• Constructive Dismissal: bit.ly/Constructive-Dismissal
▶️ Put on a performance improvement plan - Now what?
1️⃣ What is a Performance Improvement Plan (PIP)? - 12:39
2️⃣ If an employee disagrees with a PIP, what should they do? - 13:35
3️⃣ What happens if an employee doesn’t protest an unreasonable PIP? - 15:09
4️⃣ Can an employee go on medical leave while on a PIP? - 16:08
5️⃣ If someone fails a PIP, can their employer fire them “for cause”? - 17:17
6️⃣ When should somebody talk to an employment lawyer about their PIP? - 18:30
📞 Commission based employee not given adequate severance - 19:20
EMPLOYMENT LAW SHOW Caller: "I was laid off from my commission sales job of 7 years due to the pandemic. I was given minimum severance, but not my vacation pay. When I brought it up to the company, they said I’m not owed any, and that it was always part of my commission."
📞 Does time spent during layoff count towards seniority - 22:30
EMPLOYMENT LAW SHOW Caller: "I was put on a layoff a year ago due to COVID-19. I had been with the company for 17 years up until that point. Should I count the year on layoff towards my seniority, for a total of 18 years, if I ask for severance?"
• Temporary Layoffs: bit.ly/Temporary-Layoffs
❓ Workload doubled by the employer upon return from LTD leave - 25:36
www.terminationquestions.com: "I am returning to work after my insurance provider cut off my long-term disability benefits related to a car accident. Not only am I not physically and mentally ready to return, but my employer is nearly doubling my workload. What can I do?"
❓ Factors that determine severance entitlements - 27:30
www.terminationquestions.com: "A friend who works in HR told me severance pay is one week for every year you work for a company. Are there any other factors that go into a severance package?"
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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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