Ridiculous "For Cause" Terminations - Employment Law Show: S3 E2

RIDICULOUS "FOR CAUSE" TERMINATIONS and more, 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 2 of the only employment law show on TV in Canada.
⚖️ EmploymentLawyer.ca
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☎️ 1-855-821-5900 (Toll-free)
FEATURED ON THIS EPISODE...
0:00 - Intro
🔹 Severance Pay for Casual Employees - 1:29
Does time spent as a casual employee count towards severance pay? I was made full-time after 3 years as a casual employee, and was fired 3 years later. I was offered severance based on my 3 years of full-time employment.
• More on Severance Pay rights here: bit.ly/Severance-Pay
📞 Severance Pay for Computer Programmers - 4:09
Caller from bit.ly/Employment-Law-Show:​​​ I've been a computer programmer at a company for 25 years, earning $96,000 a year. I was just given 20 weeks working notice, but nothing after that. Am I owed any severance pay?
• Use the Severance Pay Calculator: bit.ly/Severance-Pay-Calculator
📞 Forced To Work More In Office - 7:47
EMPLOYMENT LAW SHOW Caller: My employer allows me to work two days in the office, and the rest at home. Now they want me to work more often from the office, but I don't want to. Can I leave with severance pay?
• Learn more about a Constructive Dismissal: bit.ly/Constructive-Dismissal
▶️ Ridiculous "For Cause" Terminations
1️⃣ The employer changes performance targets, and then fires the employee for bad performance - 12:00
2️⃣ An employee did not provide a medical update from their doctor the very same day they were asked to provide one - 13:31
3️⃣ The employee missed a work shift because their flight home was cancelled - 14:28
4️⃣ The employee did not pass a test - 15:34
5️⃣ The employee did not disclose "on time" that she was pregnant - 16:37
6️⃣ The employee would not attend after-hours events with the boss and coworkers due to family commitments - 17:51
• Read more about Termination For Cause here: bit.ly/Termination-For-Cause
📱 Pocket Employment Lawyer - 19:43
Lior Samfiru explains how the Severance Pay Calculator works, and how it can help you determine the amount of severance pay you are owed upon termination in Ontario, British Columbia and Alberta
• Calculate severance pay through the Pocket Employment Lawyer here: bit.ly/Pocket-Employment-Lawyer
❓ Filing Severance Claim with Government - 21:08
www.severancepaycalculator.com example - I just filed a severance pay claim with the Ministry of Labour. Should I contact an employment lawyer instead?
📞 Signed New Employment Contracts - 23:06
bit.ly/Employment-Law-Show Caller: My employer had us sign a new employment agreement a few years ago. I've been working for 23 years. If I was let go, would I still have the ability to negotiate my severance package?
• More on Employment Agreements rights here: bit.ly/Employment-Contract
📞 Fired After Reporting Harassment- 25:44
EMPLOYMENT LAW SHOW Caller: I was a victim of workplace harassment. I was let go after I reported it. Was I paid enough severance?
• Read more about Workplace Harassment here: bit.ly/Harassment-Lawyer
❓ Promised Promotion Didn't Happen - 27:36
From www.terminationquestions.com: I was promised a promotion last year. This year, I didn't get the promotion. It was given to someone else, and I was let go? Can my employer do that?
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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
📍 Toronto employment lawyer - bit.ly/Toronto-Employment-Lawyer
📍 Vancouver employment lawyer - bit.ly/Vancouver-Employment-La...
📍 Ottawa employment lawyer - bit.ly/Ottawa-Employment-Lawyer
📍 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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#EmploymentLawShow #SeverancePay #SamfiruTumarkin #EmploymentLawyer

[@justinreich3486]

Great show. Thank you for all the hard work you do. Love from Oregon

[@peterghai2466]

Thank you for this show.

[@jhoannarossrivera4653]

Very engaging and lively talk! I learned so many things that is related to my assignment in Business Law! Keep it going!

[@SamfiruTumarkinToronto]

Thanks for your comment!

[@eskridgelaw1325]

Loved watching your video on employment law, it was really informative! Happy Thursday from Eskridge Law!

[@SamfiruTumarkinToronto]

Thank you - Happy Tuesday from Samfiru Tumarkin LLP!

[@mattmilson1616]

great show

[@NajiteUkiri]

How about when an employee is accused of criminal allegations? And then there is no disciplinary hearing. The employee is then suspended and then told he/she will get a fair hearing which he/she never gets. Along the line of investigation and during the suspension they already make plans to prosecute employee, facts then show that the employee is very likely not guilty of the allegations. Employee writes to the board pleading for a disciplinary hearing and gives facts about the case that they are unaware of. After 4 months of suspension, they did not constitute a disciplinary hearing because they realized they may have messed up, they then go ahead to terminate employee's appointment and change the "FOR CAUSE" reason to DISMISSAL FOR GROSS Misconduct and deny the employee his severance benefits and unpaid salaries for the months of suspension just because complaining to the board exposing the plot to set employee up was foiled. Also note that employee is being victimised for raising awareness on tax and pensions remittance issues which is a protected right activity. So they cook this up to set up the employee with the sole aim of getting rid of the employee. What is a likely cause of action for this employee?

[@sharmeenabeysinghe1101]

If a Supervisor ADMITS to being angry & aggressive towards you, is that enough proof of bullying and harassment?

[@SamfiruTumarkinToronto]

It is always a best practice to get examples of bullying and harassment in writing, documented, from the other party, as it creates a record of their behaviour.

[@sharmeenabeysinghe1101]

@@SamfiruTumarkinToronto I have 2+ years of documentation. I thought I was crazy or I was 'interpreting it wrong' until I asked the supervisor directly and they admitted that yes indeed they were angry and aggressive towards me.

[@ronthomas6996]

Hi my name is John. Me and my partner work for the same employer. We have a little baby girl. But in the summer she went back to work. And for some reason they're cutting my hours every week. They been pressuring me to have my partner switched departments and now I'm short over $400 every paycheck. What should I do?

[@robertsolis9819]

i suffer bulling and harrasment and retaliation now for more of 2 years , now they decided to do separation agreement, i worked for 16 years and by hours 21 how much they have to paid me ?

[@alkarimshariff2720]

They said I broke all the company policy and breach security measures and let my wife in a shipping office to print resume for my daughter they will fire me with cause tomorrow on Monday

[@marthagramos8012]

Hello Thank you so much for all the information you give us My name is Martha I work for an health care agency for 6 years. I have a problem with my emplo yer I was victim o harrasment and bullying for years I send a letter to HR two years ago and they don't do nothing I suffering a lot because of the bullying the problem continues so I send an other later to HR on September Las year the answer they give was send me home for sick leave because they told me that everyhing I wrote in the later was in my head and they will need a letter from a specialist toget my job back but to get a specialist is olmost six months so I resign they offer me 4.5 weeks is this correct and I suppose my employer for negligence Thank you very much

[@maxmenja7fererra962]

hi lior shamfiru does ermployment law only apply in Ontario british Columbia or all over the world?how about Singapore?does Singapore also have employment laws as well?i was terminated year2015 without cause without reason without compensation by the company at all after serving my employer the mcst(management corporation strata title) from 2004 till the day I was terminated year 2015 its a condominium managed by management agency the mcst runs by a group of councils members,I was a security supervisor (inhouse supervisor) terminated due I caught one of the council been illegally stealing electricity to run his fish pond etc.

[@SamfiruTumarkinToronto]

Hi there. Employment laws vary between countries and again within their separate states, provinces or regions. What we discuss in our videos and programs concerns employment law specifically in Ontario, Alberta and British Columbia, Canada.

[@mharz20041]

I work 8 years and 10 months this coming June 2020 as a caregiver.unfortunately my employer told me that I will only be working until end of june.am I qualified for Severance pay? I'm 54 years old no.Thank you

[@nunayobiznass]

Yes go see lawyer.. unless your contract said u arent entitled... but there is still a legal.mininum

[@robertmaheu7583]

oh snap that is almost 90% my story

[@alexgrech4420]

my biggest question is how much do you charge or how do you charge

[@SamfiruTumarkinToronto]

Hi Alex, great question. For individuals in Ontario, British Columbia and Alberta, many of our consultations for employment matters, and all consultations for long-term disability claim denials, are free. If our services are retained, we offer different fee arrangements, including contingency fees (you don't pay until we win your case). If you have a matter that you would like us to review, please don't hesitate to contact us at 1-855-821-5900.

[@vladyline42]

Many years has passed can you still get servance pay if you were fired.

[@SamfiruTumarkinToronto]

Hi Ver'leana. In Canada (specifically Ontario, Alberta and BC) you legally have up to two years from the moment you were fired to pursue a proper severance package, with help from an employment lawyer.

[@Dendrothe]

My question is, why can you get more severance pay when the ministry only offers a few weeks?

[@SamfiruTumarkinToronto]

The Ministry of Labour only enforces your MINIMUM severance pay (or sometimes no severance at all if you don't meet their threshold) through the Employment Standards Act. Your FULL severance pay entitlements are enforced by common law, through decades of court cases, and can be as much as 24 months' pay.

[@Dendrothe]

@@SamfiruTumarkinToronto and if I've already started a claim I can't choose common law instead?

[@SamfiruTumarkinToronto]

@@Dendrothe In Ontario if you are already in the midst of a claim with the Ministry of Labour, you cannot pursue severance with an employment lawyer under common law. If you are still early in the claims process, you might be able to withdraw.

[@Dendrothe]

@@SamfiruTumarkinToronto I put it in on the 22nd no response as of yet. I found you after I did it. I used your severance pay calculator and gave you my info.

[@BearPapa49]

Do you handle cases in California?

[@SamfiruTumarkinToronto]

@Roy's Place. We do not handle cases in California, or other States, at this time (November 2020)

[@tamerabrown6096]

Is that under contracted employees or is that every employee ?

[@SamfiruTumarkinToronto]

In Canada, many of these rules apply to both non-unionized employees and independent contractors, as well as employees working under a fixed-term contract.

[@juliorod8755]

What about to high the voice and stop somebody to puch me to do the end of the day something faster I just said you can not tell me to do something faster with high voice and days later the booss telling me I call your booss and your dan just for stop un person to make me to do something faster is that right if they were the place were I do my acomodation time and light dutty work can I open a case if they are no my employer who Wright the chek ? ? ?

[@juliorod8755]

What about to high the voice and stop somebody to puch me to do the end of the day something faster I just said you can not tell me to do something faster with high voice and days later the booss telling me I call your booss and your dan just for stop un person to make me to do something faster is that right if they were the place were I do my acomodation time and light dutty work can I open a case if they are no my employer who Wright the chek ? ? ?