Wrongful Dismissals in Canada - Employment Law Show: S4 E31

WRONGFUL DISMISSALS IN CANADA 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, BC and Alberta on Season 4 Episode 31 of the only employment law show on TV.
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FEATURED ON THIS EPISODE...
0:00 - Intro
🔹 Employee can't find childcare, penalized - 2:00
Can my employer punish me if I am unable to work because I can't find childcare? Lior Samfiru explains why an employer has a duty to accommodate an employee who wishes to work from home because they can't secure care for their children.
• Duty to Accommodate: bit.ly/Duty-To-Accommodate
📞 CALL: Mechanic Terminated for Cause after Odd Jobs - 5:00
Caller from bit.ly/Employment-Law-Show: I'm a mechanic. Can I be fired for cause because I worked odd jobs on the side for 12 years? My employer knew about and had no problem with the side gigs
• Your employer cannot penalize you for something they were aware of previously and accepted it.
❓ No Re-call From COVID-19 Temporary Layoff - 7:34
From www.terminationquestions.com: I was temporarily laid off months ago, at the start of the COVID-19 pandemic. While some of my coworkers have been called back, I have yet to receive the phone call. I’m beginning to think it won’t ever come. What should I do now?
• Severance for Temporary Layoffs: bit.ly/Constructive-Dismissal
▶️ WRONGFUL DISMISSALS IN CANADA
1️⃣ Before we talk about what a Wrongful Dismissal is, why don’t you tell us what it ISN’T - 12:05
• Usually a wrongful dismissal does not have to do with the reason for being let go.
2️⃣ What exactly is a Wrongful Dismissal in Canada? - 13:20
• A situation in which an employee has been let go and not paid proper severance.
3️⃣ How common are wrongful dismissals? - 14:05
• Wrongful dismissals are very common, most terminations are wrongful dismissals.
4️⃣ What is the difference between a Wrongful Dismissal and a Constructive Dismissal? - 15:10
• bit.ly/Constructive-Dismissal - A constructive dismissal is a type of wrongful dismissal; it is when the company did something that ensured an employee would pursue termination.
5️⃣ Is a severance package deadline enforceable? - 16:07
• An employee does not have to accept a severance offer by a deadline.
6️⃣ You’ve been let go, and have possibly been wrongfully dismissed. What do you do? - 17:25
•bit.ly/Pocket-Employment-Lawyer
📞 CALL: Forced Resignation After Drop in Performance - 18:50
EMPLOYMENT LAW SHOW Caller: My wife has been working for a large bank for 10 years. A health condition over the last few years has kept her from reporting to work regularly. Her employer says her output at work has dropped as a result. Can the company force her to resign from her job?
📞 CALL: Concerns with New Employment Agreement - 22:44
EMPLOYMENT LAW SHOW Caller: I am being transferred by my employer to a new company, resulting in more job duties at the same level of pay. I am being asked to sign documents that talk about termination without severance. The new contract will also prohibit me from getting a promotion. Do I have to sign it?
• More about Employment Contracts: bit.ly/Employment-Contract
❓ Disability Claim and Insufficient Medical Support - 25:35
A major life event forced me to take long-term disability due to severe stress. Since I started LTD a year ago I have been harassed by the adjuster, who just last week cut off my claim due to insufficient medical support. I’m not ready to work, but have been trying unsuccessfully to contact my employer about returning to my job. Can you help?
❓ Reduced Hours and Employee Rights - 27:40
How long can my employer keep me working on reduced hours? Can I refuse after a certain amount of time has passed and my hours haven’t been restored?
• bit.ly/Constructive-Dismissal
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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
Twitter: / stlawyers
Facebook: / stlawyers
LinkedIn: / samfiru-tumarkin-llp
#EmploymentLawShow #SeverancePay #SamfiruTumarkin #EmploymentLawyer

[@miss.phyllisreneefoster9547]

Thank you so Much thank you, for this show I've learn so much from the lawyers and the disability lawyer and the host of this show, I thank you all for this show, I no now I was Distructive Dismissed from some of my former Employers, I no this now, threw this show, things I didn't no and has never heard of before, I wished your Law Firm Represented here in Chicago IL. cause I'M in need of a Darn Great Employment Lawyer/Disability- Age, /Civil Rights/ and Human Rights, Retaliation, I need a Lawyer That can take on my Former Employer thank has did me really in. and Wrong, and if I don't fight this and make it wright its gone carry on my Employment Record to what they my Employer has said, and not what Actually Really Happened. I thank this show for teaching me things about how employment law is thank you.

[@genrihkavriga]

Thank you for this video. This is very helpful for people to know their rights.

[@mattmilson1616]

great show guys

[@wade-barrydallaire.1461]

How long do we have to sue for this exact problem?

[@izzya4932]

Awesome, how can we call into the show. Very informative !!!

[@SamfiruTumarkinToronto]

@Izzy thank you for your comment! Our goal is to inform as many people as possible about their employment and disability rights in Ontario, British Columbia and Alberta, Canada. You can find a listing of where our Employment Law Show on radio (where you can call in and ask questions) airs in each province: stlawyers.ca/employment-law-show/

[@marisol4885]

Good afternoon does this apply only in Canada? Are the laws the same in N.Y.?

[@SamfiruTumarkinToronto]

@Marisol: Our firm assists individuals in Ontario and British Columbia, Canada. Unfortunately, we cannot assist individuals working in the United States at this time. Laws are different between the two countries.

[@cule2001]

Samfiru Tumarkin LLP is this apply in Quebec?

[@SamfiruTumarkinToronto]

@@cule2001 The content of this video does not necessarily apply to Quebec. As our firm does not practice law in the province of Quebec, you should seek advice from a lawyer or law firm licensed to practice in that province.

[@henryjoned6312]

What happens after you win your appeal what do u do

[@SamfiruTumarkinToronto]

@Henry Joned: Are your referring to an appeal of a long term disability claim denial?

[@ParanormalBusters]

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 ?

[@joebot9309]

Never heard of amechanic who does not do the odd job lol. did the employer have a contract they are not allowed to work on cars outside the work place lol?