Employment laws are important because they protect the rights of employees and employers. They ensure that employees are not subjected to discrimination or harassment at work and they fulfill their contracts with the company. If an employee feels they are discriminated against at their workplace, they can consult an employment lawyer who can take legal action. No matter the situation, it's always in an employer's best interest to talk with a labor lawyer before firing a unionized employee. Even if you believe the employee has performed illegal actions or stolen from the company, you should always talk with a lawyer before moving forward with a termination. Labor laws are complex, and few business owners have the time to understand their nuances. Because labor lawyers are experts in labor and employment law, they can assess your situation and advise you on how to proceed so that you protect yourself and your business.

Samfiru Tumarkin LLP is an effective law firm in Toronto, Vancouver, Ottawa and Calgary focusing specifically on employment and labor law, disability law and personal injury law. Its employment lawyers come highly recommended by former clients, and are respected within the legal industry. Its disability lawyers once worked for the insurance industry, and are uniquely skilled at successfully fighting insurance companies where others have failed. The firm helps resolve disputes, and get its clients what they are owed. The team at Samfiru Tumarkin LLP provides practical and cost-effective solutions, backed up by years of proven results and countless testimonials.

Employment Law

An employee that is let go from their job – or terminated without cause – is entitled to compensation. This is referred to as severance pay in Ontario, severance pay in BC, severance pay in Alberta and termination pay or pay in lieu of notice. How much compensation, depends on a number of factors, including the person’s age, the length of employment, the type of job and whether the person signed a contract of employment. The only way an employer can completely avoid paying the employee this compensation is if it has “cause” to terminate the employment as a result of the employee’s willful misconduct. That is extremely difficult for the employer to prove.

The Employment Standards Act (ESA) and Employment Standards Code (ESC) provide the minimum standards for termination pay and severance – in general, one week of severance pay for each year of employment. However, almost all non-union employees are entitled to significantly more severance pay than the minimum ESA requirement. Ontario, BC and Alberta’s system of law, called the “common law”, has evolved over time through thousands of court and tribunal decisions. With common law severance pay, the accurate calculation of severance entitlements depends on many factors, including the employee’s position. Samfiru Tumarkin LLP's Ontario, BC and Alberta Severance Pay Calculator allows you enter these factors and determine an accurate severance pay range quickly and accurately.

Disability Law

Insurers often know when they are wrong. The problem is that most people are vulnerable because they do not know the law, they do not know what information to give the insurer (or not to give), and they fail to recognize red flags during the claims process. Insurers knows this and, unfortunately, they sometimes take advantage of the situation. Samfiru Tumarkin LLP tips the playing field in your favor. As soon as you enlist their team to represent you, they immediately get to work by communicating directly with the insurance company on your behalf. You no longer have to deal with stressful emails and phone calls from an adjuster. Their team also corresponds with your healthcare providers. Your main goal is to focus on your health.

Because of their unique resolution process, they often do not need to take legal action against the insurance company. Sometimes a letter from their respected lawyers, outlining the facts, the law, and demand that the insurers comply with the terms of the contract, is enough to successfully resolve your matter.

Samfiru Tumarkin LLP | Leadership

Lior Samfiru, B.A. (Hons.), LL.B. is the National Co-Managing Partner of Samfiru Tumarkin LLP and heads the firm’s Labour & Employment Law Group. His experience in countless successful cases and mediations on behalf of employees and employers, as well as his continued advocacy for the rights of workers, makes him one of the most skilled and sought-after labour and employment lawyers in Canada.

Lior resolves workplace problems. He has established a reputation as a leading employment lawyer serving clients in Ontario, Alberta and B.C., and is considered by many to be a leading employment law expert in Canada. He is often nominated by peers and legal publications as one of the Best Employment Lawyers in Canada, and is the country’s most quoted employment lawyer in the media landscape.

Sivan Tumarkin is the National Co-Managing Partner of Samfiru Tumarkin LLP and heads the firm’s Disability & Personal Injury Law practice group across Canada. He also acts as a mediator for parties seeking to resolve their disputes efficiently and equitably.

Prior to co-founding Samfiru Tumarkin LLP, Sivan worked at one of the top insurance defense law firms in Canada. His clientele included insurance companies, municipalities and major retail corporations throughout Ontario. His previous experience working for insurance companies has given him unique insight into the long-term disability claim denial and appeals process, allowing him to secure strong results for his clients.

"Our employment law experts have assisted employees across all income levels, against companies both large and small and in every type of industry. Our team’s experience continues to grow with each unique individual client they aid."