The Employment Law Show

Episode Summary

QUESTIONS ABOUT MASS LAYOFFS AND EMPLOYEE RIGHTS, returning from maternity leave, non-compete clauses and more on Season 9 Episode 13 of the Employment Law Show with employment lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP.

Watch above to discover your workplace rights and learn everything you need to know about employment law in Alberta, Ontario, and British Columbia on Canada’s only employment law show on TV and radio.

Episode Notes

Justifying a termination for cause

I’ve been employed for over 6 years. Recently, I got into a verbal confrontation with a co-worker. After an investigation by HR, I was let go and told it was “with cause”. Can I challenge this?

• Terminations “for cause”: Employers often mistakenly terminate employees “for cause” due to simple errors or an isolated incident of bad behaviour. To justify a legitimate termination for cause, employers must prove that an employee has exhibited serious misconduct. Many employees who have been let go “with cause” can still pursue their severance entitlements.

Severance pay due in restructuring dismissal

My husband was just let go from his company after 3 years. He was told it was due to restructuring, given 3 weeks’ pay in lieu of notice, and another 3 weeks if he signed the severance agreement.

• Reason for termination: Employers are within their rights to terminate an employee without cause, provided legitimate severance pay is offered. Severance pay would be based...

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