Forced Resignations - Employment Law Show: S3 E24

What you need to know about Forced Resignations, 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 3 Episode 24 of the only employment law show on TV in Canada.
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FEATURED ON THIS EPISODE...
0:00 - Intro
🔹 Signing Consecutive Contracts - 1:27
Every few months I sign a new work contract. When my latest contract ended, I was told that my contract would not be renewed. Was I a contractor or regular employee after signing consecutive contracts?
📞 Asked to Return Severance to Get New Job - 4:40
Caller from bit.ly/Employment-Law-Show:​ I was let go from a small business, and given a severance package. They now want me to return part-time, but will only take me back if I return my severance pay. Do I have to return it?
• More on Severance Pay: bit.ly/Severance-Pay
📞 Harassment Becomes Constructive Dismissal - 7:30
EMPLOYMENT LAW SHOW Caller: My employer failed to investigate my harassment claim against a coworker. I filed a complaint with the Ministry of Labour after being urged to do so by HR. Human Resources also suggested that this could be a form of constructive dismissal. Is that correct?
• Learn more about a Constructive Dismissal: bit.ly/Constructive-Dismissal
▶️ EVERYTHING YOU NEED TO KNOW ABOUT FORCED RESIGNATIONS
1️⃣ What is a real resignation? Do I get severance if I resign? - 10:07
2️⃣ What happens if an employee is told to “resign, or else”? What should they say? What is a forced resignation? - 11:00
3️⃣ Is it better to have resigned than to have been let go? - 12:10
4️⃣ How do I prove that I was forced to resign? - 13:36
5️⃣ What if an employee resigns because something happened in the workplace that made it very difficult to continue working? - 14:16
📱 SEVERANCE PAY CALCULATOR - 16:23
Lior Samfiru explains how the Severance Pay Calculator works and why over 1,000,000 Canadians have used it to discover their rights when a wrongful dismissal scenario is at play.
• Use the Severance Pay Calculator: bit.ly/Severance-Pay-Calculator
❓ Fired by New Manager Despite Praise - 18:16
I was let go for cause by a new manager, despite receiving continuous praise from the company the past nine years. I wasn't given any severance pay. Am I owed severance if I was let go for cause?
• More on Termination For Cause: bit.ly/Termination-For-Cause
📞 How Long Do I Have to Get Severance - 20:30
EMPLOYMENT LAW SHOW Caller: I was laid off by an employer over four years ago, but never pursued severance pay. Is there something I can do now or has the time period expired? How long do I have to pursue severance pay?
📞 Position Eliminated, Doing Different Tasks - 23:58
EMPLOYMENT LAW SHOW Caller: My friend has worked at a bank for the last 25 years. The bank eliminated her position, and now she is doing random tasks on a day-to-day basis. Is this a constructive dismissal?
❓ Stress Leave Due to Performance Plan - 26:45
From www.terminationquestions.com:​ I was put on a performance review plan. I disagreed with it, but they said they would fire me if I didn’t accept. The process was biased and I became so stressed that I had to take a 3 month anxiety leave. I am returning soon, but they will put me back on the plan. What should I do?
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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
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📺 More about the Employment Law Show here: bit.ly/Employment-Law-Show
📺 Watch the Disability Law Show here: bit.ly/Disability-Law-Show
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Пікірлер: 25

  • @espianmashias9565
    @espianmashias95652 жыл бұрын

    I love this channel!!!!

  • @terrencemilton5088
    @terrencemilton5088 Жыл бұрын

    I don't think any of my employers are trying to do this. Force me to quit. But I do understand the tactic of making the work environment so unpleasant that you would want to quit.

  • @SamfiruTumarkinToronto

    @SamfiruTumarkinToronto

    Жыл бұрын

    That act alone, of making the work environment a difficult one to operate in, is enough to trigger a termination through constructive dismissal. Employees need to document this type of conduct to prove that their employer is nudging them to walk away from their job.

  • @AmusingMichele
    @AmusingMichele5 күн бұрын

    How about if the employer keeps asking you to do more and more hours where you’re working 90 hours a week. They are understaffed and can’t seem to get staffed because they refusedTo pay extra so the employeeHas to work to keep the store running.

  • @randimarshals1259
    @randimarshals12592 жыл бұрын

    People should know your fees to represent them.

  • @usereEyez6208
    @usereEyez620810 ай бұрын

    I forced to quit after I told my boss I needed to relocate back to the East Coast.I had a remote position,so I didn’t understand what the problem was with me working on another coast from home.I offered to pay my own airline tickets if I ever needed to fly back. She flat out told me no. My boss forced me to resign stating the position needed someone to work in that city, however as soon as I did give her my resignation, she reposted the job and re located to the home office, in yet in another State,I didn’t get my vacation pay,I have not been able to find a job in months,because who knows what’s she’s saying about me behind my back, some of the coworkers said she complained everyday up until my last day,that she was upset that I was moving.Do I have a case?

  • @merlinnaidoo8187
    @merlinnaidoo8187 Жыл бұрын

    I've been issued with a letter of "termination of Service" by employer and duped me into signing a voluntary resignation that states below my signature " receipt of Termination of Service" on the next page where they carried forward for me to sign & due to shock & emotion I signed without noticing the end page sign of document was header titled voluntary resignation of employee...It's lodges with labor court ,just want to know my success rate for Automatic unfair dismissal be...

  • @heidealbre1518
    @heidealbre15185 жыл бұрын

    I was denied LTD, was told my employers could no longer offer me modified work. I was told to go on STD, and then go to EI sick benefits and then I’ll be transitioned into LTD. I was denied LTD by Sunlife Insurance. I was devastated, I applied for Ontario Works and had to live off of $400.00/mth, then I applied for ODSP which I stayed on for 3 mths, then my CPPD kicked in. I had to repay Ontario Works from March-July/19. My employer called me and wants a meeting with me, my union rep stated that they would only pay for half a year based on past practices? I am really scared

  • @SamfiruTumarkinToronto

    @SamfiruTumarkinToronto

    5 жыл бұрын

    Heide, it is extremely important that you contact us at 1-855-821-5900 so that we can review your situation for free and determine what your options are concerning long-term disability denial.

  • @janice1815
    @janice18155 жыл бұрын

    What about if you sign a contract at the beginning of employment and it says the contract and terms will renew yearly.but the terms are different hours, pay rate and duties have increased. Is the contract null and void?

  • @SamfiruTumarkinToronto

    @SamfiruTumarkinToronto

    5 жыл бұрын

    No, the contract is not necessarily null and void.

  • @icytherebelprincess
    @icytherebelprincess4 жыл бұрын

    With me it would have hurt me if they fired me because it was a government company. They told me if they fire me I won't be able to work for another government company ever. So I was forced to resign. I contacted the hr after I was told to leave. Hr told me I was still in the system. I asked if I could be transfered or if I still had my job They said it was up to my manager. Never heard back from her regardless of phone calls and text

  • @crystalgreen1964

    @crystalgreen1964

    Жыл бұрын

    Sweet

  • @Mollyy606

    @Mollyy606

    6 ай бұрын

    You are in the HR system, so you still get pay

  • @icytherebelprincess

    @icytherebelprincess

    6 ай бұрын

    @@Mollyy606 yeah I ended up winning my case. They didn't even fight it. They knew they were wrong

  • @toe_tag_9766
    @toe_tag_97665 жыл бұрын

    Sorry. I miss understood. You don't get severance when you retire?

  • @SamfiruTumarkinToronto

    @SamfiruTumarkinToronto

    5 жыл бұрын

    Hi Toe Tag. In Ontario and British Columbia, you are not entitled to a severance package when you retire. Severance is paid to an employee when they are let go or terminated from their job.

  • @toe_tag_9766

    @toe_tag_9766

    5 жыл бұрын

    @@SamfiruTumarkinToronto Thank you for your reply. Now my employer want to bring us in on day shift from night shift after 23 years. So stressed out. No idea what to do. No other jobs out there with this pay.

  • @SamfiruTumarkinToronto

    @SamfiruTumarkinToronto

    5 жыл бұрын

    @@toe_tag_9766 An employer is not allowed to significantly change an employee's shifts, especially after the employee has worked a specific shift for many years. An employee's options in that case would be to either accept the change in shifts, or quit/resign with full severance pay, which would be based on age, length of service, position, income and other factors.

  • @toe_tag_9766

    @toe_tag_9766

    5 жыл бұрын

    @@SamfiruTumarkinToronto Well I may have to call you for my options. At this point I'm at a stressful point of time and not sure what to do. What's a ball park figure if I were to resign? I will be herw 29 years in October.

  • @SamfiruTumarkinToronto

    @SamfiruTumarkinToronto

    5 жыл бұрын

    ​@@toe_tag_9766 you can enter details about your length of employment, age, position, etc. into the severance pay calculator to get a range of how much you might be owed: www.SeverancePayCalculator.com

  • @cpaul57
    @cpaul573 жыл бұрын

    Doesn't apply to the military

  • @juliorod8755
    @juliorod87553 ай бұрын

    I have a casé were the state lawyer and judge protecting a white abusive and corrupt American and I think that never going to happen to me a human but is happen to me by the way is that corruption to protecting a white American who denied the right to his employee is that a unlimited corruption if is that do you think I have to do my own requesting personal justice after all or do you think they wait for something like that 🫵🏻? ? ? ? ? ?

  • @idaUnchained
    @idaUnchained9 ай бұрын

    “Thousands of hours of your life every week” There’s 168 hours in a week 😐

  • @SamfiruTumarkinToronto

    @SamfiruTumarkinToronto

    9 ай бұрын

    For some, it feels like there are zeros on the end of that number when it comes to their job.