The answers from a legal point of view are always hard to be found when a workplace situation needs immediate attention. Most often, employees are limited in finding the right answer unless they consult with an expert who would assess their situation and tell them more about their options and rights. Although legal questions may be difficult to answer in a column, every now and then Daniel Lublin tries to assist by giving a brief explanation and sometimes a solution to each problem.
This time in his column, he has answered some of readers’ questions regarding severance, change of job duties, how and when to terminate an employee, vacation pay and much more.
Some Workplace Questions and the Answers
Q: Is it worth it to sign a “full and final release and indemnity” form for an extra week of termination pay and benefits?
A: Appropriate severance is difficult to determine without specific contextual details, so you should compare your own termination to others in the company or similar companies/cases and see if such a deal was accepted.
Q: My job has drastically changed since I was hired, and my initial job description is no longer relevant. I’ve brought this up with my employer but they have yet to address it directly; what should I do?
A: If the changes are considerable enough, you can file for constructive dismissal (claiming that you were effectively fired when the duties changed and thus deserve severance). This requires that you prove the changes negatively affected your experience at work, however. If your duties have not adversely impacted you, and your salary has not decreased, you may have to either stay mum or quit and take nothing.
Want the Answers to More Workplace Questions?
The detailed answers to these and similar questions can be read in Daniel’s Globe and Mail article How do I tell if my severance is fair?