The Difference Between a Termination and a Layoff, 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 and British Columbia on Season 4 Episode 17 of the only employment law show on TV in Canada.

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0:00 - Intro

🔹 1:39 WEEK THAT WAS - I was let go for "just cause" after 6 years with the company. I filed a complaint with the Ministry of Labour, and they were able to secure 6 weeks of severance pay from my employer. Was I owed more?
• Why you shouldn't contact the Government for severance: [ Ссылка ]

📞 4:25 A caller from [ Ссылка ] - My friend’s employer doesn’t allow the staff to take any breaks or time off for lunch. They have to eat their lunch while dealing with customers. Their shifts run between 7 – 8 hours. Don’t they have a right to take breaks?

📱 7:11 Pocket Employment Lawyer - My performance has declined due to constant harassment and abuse from management. I’ve reported the issue multiple times, but nothing has been resolved. The abuse has forced some coworkers to quit. My manager says I should join them If I’m not happy.
• Pocket Employment Lawyer: [ Ссылка ]

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▶️ DIFFERENCE BETWEEN TERMINATIONS and LAYOFFS (Terminations vs. Layoffs)

1️⃣ What is a Termination? (11:04)
A termination occurs when an employer lets an employee go from their job involuntarily (i.e. the employee is fired).
• Layoffs vs. Terminations: [ Ссылка ]

2️⃣ Are there different types of terminations? (11:43)
• Your rights to severance in a Termination Without Cause: [ Ссылка ]
• Terminations For Cause: [ Ссылка ]

3️⃣ What does a Layoff refer to? (13:29)
A layoff usually refers to a Temporary Layoff, where an employee has been let go, but not permanently. These are actually a change to the terms of employment, and can be treated as a Constructive Dismissal. This would likely be a Wrongful Dismissal situation.
• Wrongful Dismissal facts: [ Ссылка ]

4️⃣ Do I have to accept a Temporary Layoff and wait to be called back to work? (14:39)
An employer may be able to put an employee on a Temporary Layoff if the employee accepted one in the past.
• Temporary Layoffs: [ Ссылка ]

5️⃣ How much severance pay am I owed following a termination or temporary layoff? (15:35)
• Learn how to calculate severance here: [ Ссылка ]

📞 17:04 A caller from the Employment Law Show - I was let go from the company after 26 years. I was only given 8 weeks’ pay. I had my friend write them a letter, asking for more severance. In the meantime, I want to apply for Employment Insurance. Would doing so mean that I automatically agree to their severance offer?
• More on Employment Insurance and Severance Pay: [ Ссылка ]

📞 20:55 A caller from the Employment Law Show - I have worked for a municipality for over 5 years. When I started, there were no rules on the number of shifts we had to work. Now my manager wants me to work more. When I protested, I was given zero shifts for the month. What are my options?
• Why this is Constructive Dismissal: [ Ссылка ]

❓ 24:14 [ Ссылка ] - My company merged with another one. We are all now on three-month probation periods. Is that allowed?

❓ 25:15 [ Ссылка ] - Can I look for another job while still employed? Would they legally be able to fire me if they found out that I was looking at opportunities elsewhere?

❓ 26:25 [ Ссылка ] - Can my employer fire me immediately without any warning? I thought they had to give you a standard two weeks’ notice ahead of time?

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► Before you call a lawyer, use PocketEmploymentLawyer.ca to find out if you might have a case: [ Ссылка ]

► Calculate the amount of severance pay your are owed with the Severance Pay Calculator: [ Ссылка ]

► Denied Long Term Disability? We Can Help. Find out more: [ Ссылка ]

📍 Toronto employment lawyer - [ Ссылка ]
📍 Vancouver employment lawyer - [ Ссылка ]
📍 Ottawa employment lawyer - [ Ссылка ]
📍 Calgary employment lawyer - [ Ссылка ]

📺 More about the Employment Law Show here: [ Ссылка ]
📺 Watch the Disability Law Show here: [ Ссылка ]

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