Severance Pay: Everything You Need to Know - Employment Law Show: S3 E20

[@markgendron8199]

Good on you guys for helping the working public become more informed about their workplace rights. Thank you for standing up for the 'little guy/gal!'

[@MrCes357]

yes! I just got let go for "filming my boss" while he was talking to me about my employment. He didn't say I'm fired, he just told me to go home and sleep rethink what I just said. Basically calling me a drug addict,because they know I take medication such as Suboxone therapy. I'm so upset right now guys.

[@vafaneshatdoust2456]

Amazing lawyer , love it.

[@solomonbradford1302]

I was dismed from employment. There keeping my sick time vacation, and there are payroll issues with my payroll. It's been 1 month.

[@darrobinson9830]

Thank you for your videos. They are very educational and informative in terms of getting to know what people should expect to be offered. There is one small degree of confusion though when using the severance pay calculator regarding the tenor/period of service. A friend was recently laid off and the severance offered to her was based on the period of service starting when she was made permenant and not including her contractual period of service a year and a half earlier. Do the ESA standards, the courts and the severance pay calculator include total period of service from ones hire date or only from the time they turned permenant?

[@SamfiruTumarkinToronto]

Thank you for your feedback Dar! Regarding your friend's severance offer, she is definitely owed severance, under common law, based on her TOTAL time spent with the company, whether or not they were part-time or on contract in the beginning. Length of employment encompasses those forms of employment, as well as full time. If your friend is in Ontario or BC, and hasn't already accepted the offer, have her contact us!

[@darrobinson9830]

Samfiru Tumarkin LLP Will defi itely pass it on. I dont think they have signed anything yet

[@ashleyashley3056]

Thank you for this video. I will sue my old employer!

[@shaikhmubin6320]

Hello sir . Thanks for the amazing work . I have a quick question if we are getting bi weekly severence and i start new job while receiving severance, does it affect my severance? Or i am still eligible to get severance with new job

[@pauljamieson803]

Hello, I asked my previous employer if they could put my ESA into an RRSP so I would not be taxed for the money owed to me. I was told by my x company that there is no legal requirement under the law that they have to do that for me. Is that true?

[@PressureApplyD]

In nevada everything i have researched severance pay. The law states they're not required to pay

[@SamfiruTumarkinToronto]

Unfortunately we only cover Canadian laws in our shows.

[@lovestyle642]

Is this appropriate for the U.S. as well?

[@johndemetrii809]

Doubt it

[@coco92142]

This is very educational and informative. Recently I have been told on November I would be laid off because of acquisition. what is my right? I would like to set up to discuss further about my situations just make sure I am doing the right things. I live in Boston Massachusetts . I am sure each state has it own laws. I also Came across severances pay Employer has no obligation to pay? Is it true?

[@SamfiruTumarkinToronto]

Hi Coco92142. As you correctly stated, laws are different in each state. We cannot advise you as to your rights, as we currently (as of July 2021) do not practice employment law in Massachusetts - currently (but that may change) only in Ontario, Alberta and BC, Canada

[@FS02012]

What about temps for 5+ years?

[@emmav4147]

Lior, you’re amazing, too bad I didn’t come across your videos 6 years ago. I have a question - I was recruited and laid off in less than 3 years. I was with the previous company for 7.5 years. I had also just returned from Mat leave when laid off. If I signed the severance at the time, and I didn’t find a job for 4 years thereafter due to a niche job (I.e. global business immigration law clerk) , can I request any money 6 years later? In principle, I know I can’t , but I’m just trying to understand if there are any consequences further on if the laid off/fired employee cannot find a job for a very long period of time. Thanks so much in advance. 🙏

[@SamfiruTumarkinToronto]

@Emma: Unfortunately, once you sign a severance offer, you essentially give up your rights to pursue further compensation. On top of that, your ability to file a claim for proper severance expires two years after the date of the termination, which has already come and gone in this case.

[@angiedearbruin9810]

My employees are in process of selli g, but sale fell through. We were told that the new employer would have taken us over with sale. Bur now they are talking about just shutting doors. Am i entitked to severance pay after ,4years employment or what doni need to so to vlxim uif if they revuse to retrench

[@SamfiruTumarkinToronto]

Hi Angie. If you work in Canada, you are definitely owed severance pay in this situation, based on what you have described. A company can't avoid severance responsibilities just because it closes its doors. If you work in Ontario, BC or Alberta, and your employer decides to shut down permanently, contact us immediately at 1-855-821-5900 or go to EmploymentLawyer.ca and we can work to secure your severance pay for you.

[@jagvijaypratapsinghgill4003]

Very informative talk. Whatever you talked about does that apply only to Ontario and BC ? or throughout Canada ?

[@SamfiruTumarkinToronto]

Jagvijay, Thank you for your comment. The legal aspects of severance pay, as discussed in this video, generally apply throughout Canada. Minimum severance entitlements set by labour codes or employment standards may differ between various provinces/territories.

[@MarilynDsouza-oj6ph]

I am currently working for a company for 33 years. As of January 2023, my husband has been suffering from dementia and I was given permission to work from home. I have been trying to get social help to assist my husband so I can go back to work. Unfortunately, sometimes I cannot get a PSW to assist. Sometimes, I get help with a PSW for 1-hour am, 1 hour at noon, and 1 hour in the afternoon. I have no other help to assist me, can my company force me back to work given my family situation. I am on sick leave as I am sick.

[@geraldalas8345]

How severance computed if only 5.5 months only here in Japan im experienced illegally dismissal Sir what should I Do?

[@charlesbell8258]

I live in Texas and my wife found out that she was going to be let go for no reason so she gave her two week notice and was giving the rest of the day off. That night she got a email from her employer that she didn't have to come back and will be paid for the next day and it would be her last day. Should she be given any severance.

[@SamfiruTumarkinToronto]

Hi Charles. If your wife worked in the United States, we can't offer any advice on her situation. Our firm practices in Ontario and British Columbia, but does not operate in any American jurisdictions.

[@lauraleesitko1136]

I am a 57 year old Insurance broker and today my employer let me go and provided my ROE, and severance pay ($1304.00 one week salary). I was advised they need someone with more experience in the Transportation sector, however, when I was hired I was very honest in the interview that I did not have the experience in this sector and I was assured this was not an issue they will train me over the next year. I started there Apr 3/23 and dismissed July 5, 2023 so I am over the 3 month probation time and I am 57 Years old. I should mention on the ROE the reason was stated as Quit which I did not quit and I have requested the corrected ROE. Do I have any recourse

[@daisyhardiman7776]

Hello! I live in Memphis, Tennessee. Would these rights you are talking about apply to us?

[@SamfiruTumarkinToronto]

@Daisy This video applies to individuals working in Canada.

[@Princess15732]

My employer is not paying me enough. My wage is not even close to what I supposed to get and he refused to give me a letter of employment and I realized that he hadn't sign our employment contract. This is my first month of working and I live on a paycheck. I don't even have access to my paystub. Please help me.

[@Kcarneirowashere]

Lol here because I was offered a severance package

[@drbonesshow1]

Hopefully, your severance won't include the severance of any body-parts. When they say the words severance with package, I worry what package they will be attempting to severe. I prefer to keep my package until death do us part.

[@SamfiruTumarkinToronto]

The only package our firm is interested in getting is the one that contains money that an employer legally owes to an employee that loses their job!

[@drbonesshow1]

@@SamfiruTumarkinToronto Okay, Habib go back to Canada. Years ago, I enjoyed SCTV the only source of humor in Canada. Gone, but not forgotten.

[@gregoryhouse2703]

The ontario ministry of labour website only addresses severance in relation to employment with 5 years of service or more, but your website and other law firms suggest severance applicable even to those under 5 years of service. How do you reconcile this conflict between what your severance calculator suggests and the information provided by the ministry of labour website.

[@SamfiruTumarkinToronto]

Good question, and an important one. Ontario's Employment Standards Act sets out rules for MINIMUM severance pay amounts for non-unionized employees in the province. An employee can file a claim through the Ministry of Labour to obtain that amount. What an employee is actually owed (full severance) is determined by common law through our courts. Numerous court cases over the years have established employment rights and severance amounts for terminated employees. It is through common law that we calculate severance (to a general maximum of 24 months' pay) in provinces like Ontario, British Columbia, etc. by looking at numerous factors, including age, position, length of employment, ability to find new work, benefits, and so on. Here is more severance pay in Ontario: stlawyers.ca/blog-news/severance-pay-in-ontario/

[@cherylcollins8030]

I have been employed for 12years my boss terminated me ho much severance I need to get

[@SamfiruTumarkinToronto]

Hi @Cheryl. You are likely owed months of severance pay, but it depends on other factors. If you worked in Ontario or British Columbia, Canada, you should call us immediately at 1-855-821-5900 or fill out an online contact form to find out what your options are: stlawyers.ca/contact-us/

[@jewelcasio7091]

Hi, i just want to ask, can an employer pay a severance payment even no signed contract between the employer and employee?

[@SamfiruTumarkinToronto]

Hi Jewel. In Canada, an employer owes an employee severance pay if there is no employment contract. In fact, employment contracts often limit the amount of severance an employee is owed. So, it is better to not have an employment contract.

[@chrisce2623]

you say all of this but companies DO NOT have to offer you severance pay and you can risk them coming back with not giving it to you

[@SamfiruTumarkinToronto]

Incorrect Chris. In Canada, under provincial law, companies are legally required to provide terminated employees basic severance pay if they qualify according to legislation for that region. That company also owes severance pay/termination pay under common law as well, which is determined by our courts. They can't simply say "I'm not going to pay." They must, especially if the dispute goes to trial and they are court ordered to provide payment.

[@FS02012]

@@SamfiruTumarkinToronto ontario temp employee here worked as a temp employee at a company for 5.4 years so 5+ years...the company called the agency and ended my contract at the end of the day told me not to show up tomorrow. Shortage of work. Gave me 4 weeks severance but agency claims they only have to pay 3 weeks? What are the laws?

[@solomonbradford1302]

I live in California 😢

[@mayasherpa8181]

I work 5years in same company suddenly my boss sold his company Even he didn’t inform us

[@ParanormalBusters]

I`M LIKE NUMBER 100 LOL BEEN LISTENING TO LEO AND HOST ON THE RADIO FOR YEARS NEVER THOUGHT IT WOULD HAPPEN TO ME `HERES MY SETUATION A BIG CHAIN IN CANADA HAD STORE OWNER MY BOSS A GOOD MAN VERRY NICE PERSON BUT NOW HIS CONTRACT WAS REJECTED THE COMPANY BOUGHT HIM OUT AND HE IS GOING TO RETIRE SOON BUT WILL MANAGE ANOTHER STORE FOR ANOTHER LOCATION OF THE BIG CHAIN MY BOSS WAS A FRANCHISE EE SO NOW WE ARE GETING A NEW BOSS NEXT MONTH BUT HE MY CURENT BOSS GAVE US A LETTER TO ALL EMPLOYES WARNING US THAT WE ARE NOT LOSING ARE JOBS AND WILL BE RUN BY THE NEW OWNER SHURE FINE OKAY BUT WHAT ABOUT OUR SEVEREANCE PAY FOR ALL THOSE YEARS I WORKED FOR HIM WHAT SHOULD I DO IN HIS LETTER TO US EMPLOYEES THERES STRANGE WORDING I CANNOT UNDERSTAND I DO NOT WANT TO SCREW MYSELF OVER AND SIGIN THE WRONG THING THERE STATING THAT THERE GOING TO PAY US A SUM IN THE INSTALEMENT OF OUR VACATION PAY AND THEY WANT US TO SIGN SO WHAT DO I DO AND THE NEW OWNER I HAVE WORKED FOR HIM BEFORE HE HAS A HABIT OF USING THE NEW EMPLOYEE ACT AGAINST US OLDER EMPLOYEES IN MY LAST JOB HE FIRED ME AFTER THEY DOWNSIZED THE COMPANY YEAH THE NO ROTATION RULE NO VERBALS JUST A TERMINATION THATS THE SAME GUY THATS VCOMING HE CLEANS HOUSE SO AS NOT TO WOE OLDER EMPLOYEES SEVERANCES SO I`M SCREWED LEO WHAT SHOULD I DO IN THIS SETUATION HELP ......????? ahhhhhh !!!! LOL DOES ANY ONE KNOW WHAT I SHOULD DO I DO NOT KNOW THE LAW ? AND I DONT WANT TO PAY FOR LEGAL ADDVICE LOL CAN ANYONE HELP ?

[@thereserossiter5368]

I just lost my job with out 2wks noctice

[@SamfiruTumarkinToronto]

Hi Therese. If you worked in Ontario or British Columbia, Canada, you should contact our team immediately at 1-855-821-5900 or by filling out an online form to find out how much severance pay you may be owed, and what assistance we can provide you. stlawyers.ca/contact-us/

[@thereserossiter5368]

I work in Manitoba and i asked for my severance pay and for my record if employement they said if they owe me ill get it in two wks

[@SamfiruTumarkinToronto]

@@thereserossiter5368 Unfortunately we are unable to assist you. At this time, we are licenced to represent clients in Ontario and British Columbia.

[@sammyrigby7870]

10 years on job at 28 years old $240 weekly what do I deserve

[@SamfiruTumarkinToronto]

Hi Sammy, you can calculate the range of severance pay you may be entitled to (Ontario and British Columbia) by using our Severance Pay Calculator here: bit.ly/Severance-Pay-Calculator