What your employer legally can't do - Employment Law Show: S5 E26

WHAT YOUR EMPLOYER LEGALLY CAN'T DO 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 5 Episode 26 of the only employment law show on TV in Canada.

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*FEATURED ON THIS EPISODE...*

0:00 - Intro

🔹Ten weeks of severance after twelve years of employment - 2:08
I worked at a dental office and due to COVID-19, we've lost business. I was let go with ten weeks of severance pay. Is this accurate?

📞 Let go after a return from medical leave - 6:27

❓ Employer introducing a pay cut due to COVID-19 - 9:34

▶️ What your employer legally can’t do

1️⃣ Demote you or cut your pay - 13:01

2️⃣ Force you to quit your job or retire - 14:47

3️⃣ Refuse to pay you for overtime you have already worked - 16:28

4️⃣ Put you on a temporary layoff - 17:32

5️⃣ Create a toxic work environment - 18:56

6️⃣ Not give you severance pay when you are terminated, laid off, or let go from your job - 20:02

📞 Fired for cause - 21:17
EMPLOYMENT LAW SHOW Caller: What does it mean to be fired for cause? Is somebody owed severance in that case?

📞 Increased hours of work but no increase in wages - 24:20
EMPLOYMENT LAW SHOW Caller: I manage the service department at a car dealership. Most of the staff was fired at the start of the pandemic, and I’ve had to work extra days each week to keep things going. However, my pay hasn’t increased, and business hasn’t really slowed down at all.

❓ Laid off and not recalled as an independent contractor - 26:04

📱 Pocket Employment Lawyer - 28:03
I worked as a realtor for 7 years and then placed on a layoff. What severance should I be owed?

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#EmploymentLawShow #SeverancePay #SamfiruTumarkin #EmploymentLawyer

[pupdowg]

I got seriously ill at work from a sewage problem my boss knew of. Now I've only been able to work 5 hours a day, have been ostracized, accused of stealing, and denied raises and bonus. How do I fight back.

[espianmashias]

I gave my 2 page resignation letter along with a 17 page report of what they put me through to my HR in person. I asked for my employee file and it was given to me at that moment. Looking at my file I noticed they had 2 write ups to no fault of my own but, yet had no reports of my complaints to them of their treatments and what they did to me. Can you please tell me why it wouldn’t be there?

[gertrudegichaba]

I work as an RN in a homecare setting. This week my employer notified us that we will not be getting a paycheck for the many hours we put in because the company licenses were suspended. How do we go about getting paid? Please let me know if we have legal grounds to challenge this.

[armandogarcia]

Question, I quit a job for ego and because employer wasn’t working with my time. Only having months of experience and needing 2 years minimum of experience, I apply to the same skill position at different employers and get no call. I know the last employer doesnt support me(Hr) ruining my opportunities, what can I do? I have been in this whole for quite a while.

[amritapersaud]

Hi I have a question. If I lost my keys a few months ago and i reported it to my supervisor. Then as of May 10th I was told I couldn't eat or drink in the room I am working in by myself or use the bathroom. As I did not get my shot yet, I want to get it closer to my wedding in July as I will be going to the US to get my 2nd dose as thats where my wedding is. I decided to quit due to discrimination and feeling awkward. So they told me they have to hold my vacation pay and last paycheck until I return my keys. Is that allowed? I mean 2 months ago they never took any action that I misplaced my keys but now they want to hold my pay.

[LoveAimshigh]

I need help,
My employer has denied my STD after I gave proper medical paper work from my Drs and they asked me to file an appeal in which I did and it's now determined that I have to return to wrk but in office now and no longer wfh in which we have been forced to for 2yrs. I expressed that I wld like to stay wfh but the employer says I have now request an accommodation. So I share with my Drs again my situation & submitted all medical paper work asked of me.. the employer is NOW saying they have reviewed my info & have decided that I wld have to see THIER Drs so THEY can determine if I'm fit to wfh still. And I would have to choose to come back Into working in the building or resign.
**I'm not sure what to do at this point?..Shld I see thier Drs? It seems really like a set up to just determine me unfit to work from home & or just deem me unfit to work for them at all??..but I Do not want to quite my job. Help? Any sound advice?

[soldatvonzufall]

what about unions? specifically, being forced to work outside the bounds of your unions duties, including more dangerous (hazard pay) and much higher paying work?

[carterstone]

what is the requirements for any employers to hold their employees jobs for 3 months being on sick leave?
My wife had total knee surgery on January 4th, on this year, 2023. She contacted her employer. Her employer told her that it don't (federal sick act. ) apply to them because they got less that 50 employees working for them.

[carolinev]

I just found a few days ago that I was fired from my medical receptionist position of 11 months, while on medical leave from suffering 2 strokes earlier in the year with no contract. I sent my boss an updated medical certificate, and my boss said in any email. That the medical certificate was a notice of my termination 2 days before Christmas 2024. She didn't even accommodate me in any way. She only has 2 medical clinics, she still hasn't paid me my severance and what I am owed for my mental stress, which she put me through while trying to recover from several strokes.
When I spoke to a few lawyers with 30 minutes of free consultation, they had said that I have a wrongful termination and human rights violations case here in Toronto. I need help. When I saw my family doctor he was disgusted and said to me she can't do that by law. I know that the Human Rights Tribunal of Ontario is so backlogged, so I am looking at 2-3 years to settle with them. I just want to put this horrible experience behind me so I can recover and move on. Plus, I have had no income since last September 2024. This whole experience has been overwhelming and mentally draining...

[DiegoRivera-ezpf]

What if the employer seeks staff, guaranteed the position. You signed contracts for the position but a few days after finalizing, they said they will not be needing services because the staff was cut in the location, mind you they told you to give your 2 weeks to your other job because your close to the first day after training and signing.? Is their a case

[wandaratliff]

Can they allow to get you to pay for the software for the laptop that you going to be using and we will pay you back

[qsd]

Can they lower your pay in Georgia, citing cost of living?

[wandaratliff]

Working from home and you was told you hire now I am happy and then he tells me that I have to pay for my software for the laptop that I have and then they will pay you back is that right

[terrellmassey]

Someone please help I can't find anything on this matter can your boss fire you for reporting a matter to the USDA

[danthomas]

I need help. Hopefully I can find the answer, I'm not finding anything in HIPAA. Is my employer allowed to ask employees to see their covid test results? I'm in Pennsylvania,

Thanks

[DanYork-socu]

My employer is telling me that cra is telling her that she only owns me for severance is a two day for every year I work and I was working there 10 years and she laid me off in December and never told me that she would not be calling me back till I messaged her in March to see when I would be called back

[margieparsons]

Hello, is this employment law for Canada only?

[yerxiong]

Can a assistant or manager tell you what to do when they are not on duty that day…it’s their day off and they give you a text ‘hey you can’t do this or can you get this done?’ Can they do that? Because they are not cloak in at work…?

[kouxuening]

is it a good employer and legal to ask employee to give more tasks and instructions to do even not in working place/hours?

[yaninacabrera]

Someone stole Two demo phones from the store I work at. My employer deducted this from my commission without letting me know. What should i do in this case?