Understanding Severance Pay - Employment Law Show: S5 E7

UNDERSTANDING SEVERANCE PAY and FACTORS IN CALCULATING SEVERANCE PAY 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 7 of the only employment law show on TV in Canada.

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FEATURED ON THIS EPISODE...

0:00 - Intro

🔹 WEEK THAT WAS: Non-Compete Clause in Contract - 2:17
I was let go after 7 years in a senior executive position and offered 6 months' pay. I also signed a non-compete clause in my employment agreement. Does this matter?

📞 CALL: Severance Pay Calculations - 6:30
A caller from https://stlawyers.ca/employment-law-s... My brother was just let go with 3 weeks’ pay. He worked at the company for 9 years, with a brief three-week gap in employment a few years ago. What should his severance be based on?
• More on Severance when fired: http://bit.ly/SeverancePay

❓ Layoff clause in Employment Contract - 10:25
https://www.terminationquestions.com: I was laid off six months ago. When I asked my employer about a return date, she said she may not bring me back, and that a clause in my employment contract gives her the right to lay me off for as long as she needs. I'm 100% confident I never signed a contract when I started. Can she do this?

▶️ UNDERSTANDING SEVERANCE PAY

1️⃣ Many terms are used in termination letters or contracts: Termination Pay, Pay in Lieu of Notice, Reasonable Notice, Common Law - 14:05
Most terms are not as significant as the most important factor is the compensation employees are given after they are terminated.

2️⃣ How is severance pay truly calculated? - 15:45
Compensation is typically more than employees realize; age, position, and length of employment all factor into severance pay. Factors in calculating severance pay

3️⃣ How might an employment contract impact severance pay? - 17:30
An employer can have an employee sign an agreement that can limit future severance.

4️⃣ What is “working notice?” - 18:50
An employer can provide advanced notice equivalent to an employee's severance entitlements.

5️⃣ Are Construction Workers, Contractors, Part-time, and Hourly Employees owed severance pay? - 20:05
There are many misconceptions that contract workers and hourly employees are not entitled to severance.

6️⃣How can an employment lawyer help with severance pay? - 21:15
Employment lawyers can begin by offering a proper severance pay calculation.

📞 CALL: Non-Constructive Dismissal - 22:38
A caller from https://stlawyers.ca/employment-law-s... I was let go before the COVID-19 pandemic after 5 years with my employer. They said it was a “non-constructive dismissal.” They deposited a months’ pay into my bank account, even though we never discussed severance and I never signed anything.
• Use the Pocket Employment Lawyer for Severance Pay here: http://bit.ly/PocketEmploymentLawyer

📞 CALL: Reduced Pay After Maternity Leave - 25:45
A caller from https://stlawyers.ca/employment-law-s... When I asked my employer to extend my maternity leave, they agreed, but said that I would likely return to a different job at a lower rate of pay, thanks to COVID-19. Can they do that?
More on Maternity Leave: http://bit.ly/2CvGjtC

❓ Pay Reduction due to COVID-19 - 27:16
https://www.terminationquestions.com: I have worked with a large company for 8 years under consecutive 2-year contracts. The new contract they want me to sign states that I will be paid 20% less due to COVID-19. If I refuse, they will not renew, and I will not receive a dime. Is that right?

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► Before you call a lawyer, use PocketEmploymentLawyer.ca to find out if you might have a case: http://bit.ly/Pocket-Employment-Lawyer

► Calculate the amount of severance pay you are owed with the Severance Pay Calculator: http://bit.ly/Severance-Pay-Calculator

► Denied Long Term Disability? We Can Help. Find out more: https://bit.ly/Disability-Lawyers

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