What Employers Should Never Do – Employment Law Show: S4 E11

What Employers Should Never 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 4 Episode 11 of the only employment law show on TV in Canada.

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0:00 – Intro

🔹 Fired for Calling in Sick, Not Finding Replacement – 2:00
I called in sick, and was told by my employer to find a coworker to take my shift. I was unable to do so. A few days later, I was called into a meeting and fired. Did my employer have a right to fire me over this? Was I wrongfully dismissed? If I call in sick to work, I am required to find a coworker to take my shift?
• More on finding a replacement when sick:

📞 CALL: Refused to Sign Contract with New Owner – 4:59
Caller from I have been working for the same company for 26 years without an employment contract. The owner is now passing the business on to his son, and wants me to sign an employment contract, which I refused to do. Now they are making my job and life extremely difficult. Where do I stand?
• Learn about Employment Contracts:

📱 Pocket Employment Lawyer – 8:13
Use the to find out *in seconds* for FREE what your employment rights are in Alberta, BC and Ontario, and whether or not you need an employment lawyer.

📱 Fired For Cause After Being Late For Work – 9:09
I was recently terminated for cause after arriving late for work. In the 18 months I’ve been working there, I have never been late before and I don’t have any issues on record. My employer said that I am not entitled to any notice or severance pay, or even EI. Did he have the right to fire me?
• More about Termination for Cause:

1️⃣ Employers should never assume that severance is 1 or 2 weeks per year – 13:09
2️⃣ Employers should never ignore allegations of workplace harassment or bullying – 14:20
3️⃣ Employers should never fire an employee while they are on a medical leave or maternity leave – 15:59
4️⃣ An employer should never misclassify an employee as an Independent Contractor – 17:01
5️⃣ An employee should never terminate an employee “for cause” if you haven’t built up a case – 18:55

📞 CALL: Fired by Retailer, Forced to Accept Severance Offer – 20:17
EMPLOYMENT LAW SHOW Caller: My wife has been laid off by a large retailer after 4 years with the company. They are closing her location and planning to reopen elsewhere a year from now. She was forced to sign a letter on the spot saying she would not receive any severance pay outside of her final paycheque plus vacation pay.
• Severance Pay rights:

📞 CALL: Company Refuses to Stop Harassment – 23:47
EMPLOYMENT LAW SHOW Caller: I’ve been bullied at work for the past 4 years by a long-term employee who has been at the company for 25 years. He has a history of workplace harassment. HR has been aware of his behaviour for a long time but refuses to take any action against him. What are my options?
• How to handle Workplace Harassment here:

❓ Time Off for a Religious Holiday – 25:58
From Can I ask my employer for time off work to observe a religious holiday?
• Religious Accommodation in the Workplace:


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

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

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17 thoughts on “What Employers Should Never Do – Employment Law Show: S4 E11”

  1. The company have the policy when you miss 3 days or more and you could call them. They policy say is voluntary quit but on they letter say they terminate this person. But in the notice employe change in relationship they select discharge affect. They didn’t select voluntary quit. This is right? This person on this year was having problems with his back and hand. This person when on his own to the doctor and give him 3 weeks off for his back and I weeks off for his hand. The company didn’t say any about fmla to this employee and when he couldn’t call the company for two weeks it was because he was sick. When he did got in touch with hr he explain hr the reasons. The he was sick and not feeling good again my question hr didn’t say anything about family leave. Hr have to let the employee about this benefits? If you ask why the company send him to the doctor for his back and hand. The answer if he was out for 3 weeks and the company didn’t say anything about fmla to this employee.

  2. 2 days ago I was fired from my restaurant job for having an issue with a new rule that forced certain and unspecified employees to start calling managers sir and to say yes sir when addressing them. This rule starting being enforced on-the-fly, in the middle of a work day, with no explanation or reason for why. I was sent home early and issued a write-up after just one instance of my refusal to follow the rule, and when I declined the write up given by the assistant manager, I was denied the ability to talk to the head manager, and also the owner after asking for both. They have their open door policy clearly stated in their handbook, which states I have the ability to request a meeting with any member of management at any point regardless of their relation to the company. I only asked for a sufficient explanation as to why this is now being required of us, and was fired for raising my concern with a new guideline. Is this legal

  3. My CA State employer wants to force Covid tests. Is this legal? Do the have the right to test for AIDS and HIV and Hepatitis as well?

  4. I was fired for being on my cell phone during my lunch break. This was after I fell on the job with a witness. I hit the ground hard enough to be knocked out. We knew it would be best to tell the employer. My employer didn’t even acknowledge it! So I wrote it on my timecard to document my fall. That timecard was destroyed and replaced with a new one. That’s why Ultra Fencing did to me in Redding Ca.

  5. Great video content! Sorry for butting in, I would appreciate your opinion. Have you heard the talk about – Vanmily Menichael Breakthrough (erm, check it on google should be there)? It is a great one of a kind guide for finding out more about your partner to improve your relationship without the headache. Ive heard some great things about it and my mate got astronomical results with it.

  6. I requested to only be on the work schedule for 3 days because my father passed away and there is alot of things I have to take care of last week they put me on the schedule for 5 days and they did it this week too…. I have worked 5 days in a row normally this would be okay but my grief and things I have to do is over whelming. ONE of the managers have messaged me twice today on my day off im assuming she's trying to call me in is this legal.

  7. Hey awesome stuff, wondering if we could use this series as training in HR regarding employee rights?!

  8. I work in Canada. How does Natural Law fit in relation to employment. HR has acknowledged that they use abstract math involving information theory and probabilities however the language in the Code of Conduct refers to being fair and objective which is related to Natural Law. It’s a complete contradiction and has created confusion. Then I find that the employer has abandoned their responsibilities in regards to the mask policy at work by adding a disclaimer with the policy. I belong to a union but they are engaged in the social sciences, what advice can I get?

  9. I need some help from somebody on here just some advice really don’t really know my rights as an employee but I was suspended in definitely pending an investigation and that was about 67 months ago and my employer still has not reached out to me in notified me if I’ve been terminated or if I’m still suspended I just need to know what I should do or what rights I have

  10. My employer is not giving me my work experience letter. I have worked as a team leader in janitor company but they are saying they will give me light duty cleaner . But I have worked as a team leader. I need it for immigration

  11. I need an employment lawyer because one of my jobs took out an illegal w-2 form on me and I didn’t know it when I filed in 2019. The state department of taxation told me that I had an additional tax form and I told them I knew nothing about that. Come to find out it was an additional $70 and the state winded up telling me I owe $200 for not filing that form. Who knew an employer (Dominos) could take out additional tax forms on individuals?

  12. I have to ask for bathroom breaks EVERY TIME and no one else has to. When I ask the managers act like I am being a pain or annoying them. I end up waiting 5 to 6 hours to use the restroom. I have diabetes and need to use the restroom more often too.

  13. My employer ended my contract in bad faith and gave me verbal working notice. The ESA states that I must be provided with written notice.

  14. I believe employees should have Sunday and Monday off because county and state offices aren't open on weekends and having Monday off also makes the week go by faster and people can be relaxed from it not being Monday

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