*5 KEY QUESTIONS ABOUT CONSTRUCTIVE DISMISSAL* on the Employment Law Show with employment lawyer Lior Samfiru. Discover your workplace rights and learn everything you need about employment law in Ontario and British Columbia on Season 8 Episode 04 of the only employment law show on TV in Canada.
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*FEATURED ON THIS EPISODE...*
0:00 - Intro
1:44 *Let go before end of notice period*
I informed my employer it was my last year of work and I would retire. After a few weeks of training a new employee, my employer let me go and waived my notice. Can they do this?
5:09 *Let go due to damaged work equipment*
I was a delivery driver for 5 years and was laid off temporarily due to the pandemic. I was eventually called back to work. I was recently let go because my truck sustained some damage, but it wasn’t my fault.
• Terminated for cause: https://bit.ly/Termination-For-Cause
7:19 *Unattainable goals expected of employees*
I work as a bill collector, and we have certain expectations every month. If we don’t meet our targets, we’re expected to work for free now and then. The goals are ultimately not attainable.
11:07 *Terminated despite ongoing modified duties*
I was on modified duties at work, recommended by my doctor, and my employer initially agreed. However, I was later terminated, possibly due to my inability to perform certain tasks. Is this discrimination?
• Duty to accommodate: https://bit.ly/Duty-To-Accommodate
13:38 *5 Key Questions About Constructive Dismissal*
13:49 1️⃣ Just what is a constructive dismissal? What does it mean?
14:45 2️⃣ What are the most common examples of constructive dismissal?
15:38 3️⃣ What happens if I keep working after a big change has been made to my job?
16:55 4️⃣ Can you get any severance pay if you are constructively dismissed?
17:34 5️⃣ A major change has occurred. Should I just quit now and then seek severance pay? How much should I ask for?
21:24 *Given working notice by the employer*
I have been given a month's working notice by my employer. I have been in a senior management position with this company for the past 6 years and am nearing my 60s. Is a month’s notice considered enough time to find a similar job?
23:37 *Promised a promotion*
I was asked by my employer if I would be interested in a promotion. I had a verbal conversation, and I was promised a raise if I agreed to run this new project. It’s been 3 months now and I still don't have a new contract and my pay remains the same. Is my employer legally bound to honour this promise?
*Rapid Fire Parental and Maternity Leave*
25:18 • Does an employee have to inform a prospective employer if they are pregnant?
25:58 • Can an employer hire a temporary replacement for an employee on leave?
26:34 • Can an employer decide to keep the replacement employee instead?
27:15 • Can an employee be let go while on maternity leave?
27:50 • Is terminating an employee due to pregnancy or maternity leave a human rights violation?
28:29 • Does a male employee on parental leave have these same rights?
*DISCOVER YOUR RIGHTS!*
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