Rights of Older Employees in an Aging Workforce - Employment Law Show: S4 E8

What you need to know about the Rights of Older Employees in an Aging Workforce, 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 4 Episode 8 of the only employment law show on TV in Canada.
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0:00 - Intro
► 2:06 An employee at a manufacturing plant used some of her sick days over the course of a year for minor surgeries. She used more sick days than she was allotted by her employer. After she went over her limit, the employer warned her a few times. When she took more time off for surgery she was terminated for cause. Can I be fired for taking too many sick days? Can an employer discipline an employee for using sick days?
• More on your Severance Pay rights here: bit.ly/36hMSNU
• More on Termination For Cause here: bit.ly/2pmOw0g
► 5:11 A caller from stlawyers.ca/employment-law-show - The rumour at our company is that when they want to terminate a manager’s employment, they will give them months of working notice instead of severance to save money. So rather than provide a severance package, the company will tell you when they plan on firing you down the road. Can they do that?
• Watch our previous episode on Working Notice of Termination: bit.ly/2LiDCAe
► 8:33 POCKET EMPLOYMENT LAWYER.ca - I’m 55, and have been an office administrator at a business for 11 years. The company has seen a drop in profits the last few quarters, and as a result they want to put me on a 10 week temporary layoff. My contract doesn’t say they can do this. Do I have grounds for severance? If I accept this layoff, will my years of service reset when I return back to work?
• Your rights during a Temporary Layoff here: bit.ly/2Nrxd66
• Use the Severance Pay Calculator here: bit.ly/2JvWyuF
► RIGHTS OF OLDER EMPLOYEES IN AN AGING WORKFORCE
• Can an employer fire an older employee because of their age? - 14:35
• An older employee is becoming less productive. What are the employer’s options? Discipline? Termination? - 15:58
• Should an older employee talk to their employer if they find they are struggling at their job? - 17:41
• Can an employer suggest to an older employee that they resign from their job? - 19:03
• How is severance pay calculated for older employees? - 20:30
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• Read our blog about Terminating Older Employees: bit.ly/2rMJqvh
► 21:34 A caller from stlawyers.ca/employment-law-show - I am on long term disability and getting ready to return to work. My employer just told me that the position I held for 15 years no longer exists. Are they obligated to put me into a different position or am I owed a severance package?
• Learn more about the employer's Duty to Accommodate here: bit.ly/36dmyEM
• Long Term Disability Claim Denied? These are your rights: bit.ly/354rbj9
► 25:25 A caller from stlawyers.ca/employment-law-show - I worked for 3 years as a real estate agent, but structured as an independent contractor. After our team’s performance slid a bit and I made a blunder, I was mailed a termination notice. When I called them, they offered to hire me back on hourly pay that would have been 25% less than my previous salary. Are real estate agents independent contractors?
• Are you truly an Independent Contractor? Find out if you are actually an Employee here: bit.ly/34KB0CO
• More on Independent Contractors here: bit.ly/33tI7iM
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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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[@91rss]

Look at the Steve Talos case as well, I know unions are filing policy grievances regarding the discrimination and with that case precedence its looking good,

[@SamfiruTumarkinToronto]

Talos v. Grand Erie District School Board was definitely an important case in 2018!

[@daviddevries2078]

Because I get 17 percent holiday pay they cut my overtime 3 years ago,I still work lots of lunch breaks in the past,they now owe me 650 hours overtime and if I bring it up they threaten to fire me,,,what avenue do I have,,,now they have gone to verball abuse calling me a lazy bastard,,,I have 19000 hours overtime in the past,,,any ideas,I work for tolko enterprise s,,in Armstrong,bc,,,

[@CorrinaKelly]

Why is military shafted w 1 week severence /year? Also whats the dif between (income) pay and compensation pay for being injured.

[@RavinderSingh-hy7iz]

Can the employer give you working notice when on leave of absence due to short term disability.

[@jenshadle7393]

Jen Shadle was unlawfully terminated and

[@cindyloreti3594]

I am being harassed and bullied at work im now on stress leave and have 2 grievances in as I was suspended 1 day then 2 weeks later 3 days it was all a lie and can prove it they are dragging this on should I get a lawyer im dealing with my union and the local feel frustrated please give me advice thank you

[@carlosmeyers2140]

What rights do we have as state of Texas employees that have 28+ years of service and was given a 30day reduction in force notice 😔

[@SamfiruTumarkinToronto]

Hi Carlos. Unfortunately we do not practice employment law in the state of Texas (as of June 2022). We do provide our services to individuals working in Ontario, Alberta or B.C., Canada.

[@zairebailey9593]

You can get laid off if you didn't follow Policy. You have to apply for a Leave of Absence you cannot continue to use days you do not have. Second you can apply for FMLA.

[@SamfiruTumarkinToronto]

Hi Zaire, you are referring to a type of leave in the U.S. We are a Canadian law firm. The content in this video refers to Canadian employment laws.

[@rohidasjadhav5925]

Hi, just wanted to know whether section 61 (Pay instead of notice) provision to inform director about the termination of employee apply to 1 employee or 50 employees?

[@SamfiruTumarkinToronto]

Hi Rohidas. you are referring to provincial legislation in Ontario's Employment Standards Act. When calculating severance pay, both provincial legislation AND common law must be taken into account, rendering packages as large as 24 months' pay.

[@jenshadle7393]

I Jen Shadle was worker in Taipei Chinese ,as 5 of co-workers opposed to work with protected characteristic American workers,they were formed clique and created hostile workplace conditions, name callings Ms, Judy refusal of job training only intimidated and harassed me on the workplace Judy told co-workers she is too old

[@jenshadle7393]

After Ms, Judy told co-worker : ( Jen is too dumb and too old, Jen can’t do the job as my position…)2 senior employer came into mediation then affirmed:Jen Shadle is full time employee for Hot Case Attendance

[@janeisjon2516]

Hi I've been calling trying to reach someone to help me to see if my job retaliated against me for the simple reason that I complain to HR about a problem that is been taking place for about 4 years and I asked them to put memos a email out to the students just as well as the parents and the staff and they said I needed to talk to my boss man about it so my boss man has been setting up something where money can be stolen from me as a worker and the time clock can be set a certain way that it punches self South so I'm asking for help in this area and see how I can reach out to see if any lawyer have the answers for for that I was the terminated on Monday and no paperwork nothing was written up for me they said they will pay me until June but it wasn't in writing it was just a word of mouth.

[@SamfiruTumarkinToronto]

Thanks for your message, if you have sent in a contact form or left a message for our team someone will be in touch as soon as possible.

[@johnlaudenslager706]

no such things as rights exist, just agreements.

[@stevenmclaughlin5611]

What about the crafty move of fire the employee close to retirement age?? with a "find a way, we don't wanna pay?" Approach too. That's a signature move, not addressed alot and should be more often. I believe after age 45 and vested tenure, that's a big time cheap move and insulting to canadian workers. Like surprise you gave us your years and we spent you as a commodity your now old machinery, toss it out....