Ensuring the Online Signature Lawfulness for Pregnancy Leave Policy in Mexico

How to eSign a document: online signature lawfulness for Pregnancy Leave Policy in Mexico

[Music] good morning and welcome to employment our in 30 I'm John Scoles he is Lee or Sam firu from the San Furio to Marquette law firm we do this each week we talk about your employment rights contact is easy one eight five five eight two one fifty nine hundred and help at employment lawyer dot CA Lee our big show again this week are lots of stuff to cover including the week that was it's always how we start and of course severance pay calculator calm you'll want to find out exactly where your severance should be the true number will dig a lot deeper and will unpack a couple scenarios in that regard using these severance pay calculator but in the meantime you'll want to check it on your own severance pay calculator comm what do you got going on today well you know I've a lot of going on pretty much every week speak every week with a lot of people about their workplace rights workplace problems and it's exciting it's a great time to find out about those rights every week here right on the show we talk about the problems that people may have in the workplace and how to solve those what those means and what rights people have so if you haven't watched our show before tune in every week we'll try to inform and educate and give you some more quivers so to speak in your armor there so that you can you can use that to your advantage you can use that when you have a problem you'll know what to do you'll know what to say if you have when your workplace issues and we always like to start off the show with the with the week that was talking about couple or at least once an area that I saw over the past few days so in this situation I got a call from a lady that was recently let go she had worked for a year and a half and a company's accounting department regular job but she was an independent contractor Oh more about that or a second unfortunately fairly recently she was diagnosed with a serious medical condition and she had to take some time off work she's been off work for about three weeks and it wasn't clear exactly how long she'll be off hopefully not too long but she was getting doctors treatment well while off on a medical leave she got a letter from the company saying given the fact you haven't been here we're letting you go since you're an independent contractor we don't have to pay anything we wish you all the best in the future and obviously this was a shock for this lady and she called me and she wanted to know is this right did they do the right thing what can I do well let's let's unpack this first of all she was not an independent contractor she had a regular she worked for the company in the company's offices she's been doing for a year and a half she went everyday at nine o'clock she left every day at five o'clock so even though they treated her on paper as an independent contractor she wasn't she was an employee and I want our viewers to understand that it doesn't matter what you call yourself what the company calls you what agreement you signed or who pays your taxes if you have a regular job you're an employee in the eyes of the law so right off the bat John it means that when they let her go they would order severance and after a year and a half I assessed her is being owed four to five months of pay it's right off the bat but beyond that they let her go when she was off sick she was off for a few weeks here's medical condition that's illegal you can't do that by the way you can't do that even if she's an independent contractor but it's a human rights violation you cannot let someone go because they're sick as simple as that so in this situation number one it's a wrongful dismissal because she is an employee and she's owed severance and number two it's a human rights violation because they let her go and she's sick so she has significant entitlements so I bring this up here because our viewers may come across this often maybe a situation where they think they're an independent contractor but no they're probably not they're really employees which means they have the rights of employees and beyond that you always should know that if you're sick you should have the ability to get better the ability to take time off without being fired without being penalized if you have a doctor saying you need to be off work you can be our Fork and your employer John can't do anything about it and I know a lot of the viewers right now are probably thinking wow he just said independent couple I assumed I'm an independent contractor they should contact you because they might not be right if you're doubt if you're even 2% in doubt as to whether you're an independent contractor you're not an independent contractor okay we know what's the example I always use the plumber or the electrician those guys the electrician you call in to your house to fix an electrical problem he's an independent contractor right because you're not his only customer he would go after he's done with your home he's gonna go to another home and another home and he's gonna market his services because he's in business for himself so the independent contractor is someone like the electrician but if you have a regular job you go to work you work for someone you are an employee . it doesn't matter what you call yourself if you don't know if you're for certain make the phone call one eight five five eight to one fifth help at employment lawyer employment our TV dot says well you can go to that site anytime there you will find out how you can catch our weekly radio shows I said shows because we do so many now and they're on all the time during the shows of course it's radio we got a ton of phone calls and I want to play a phone call back and have you comment on it now 45 years company and I had a nervous breakdown I was called in to sign an agreement for eight weeks and two weeks let go pay does that sound right or I needed the money and I was kind of a honey's medication and stuff yeah well you know it's an unfortunate situation but but again let's let's break this down so if he was offered eight or ten weeks pay after 25 years of service that is nonsense you're scoffing as you should be because that's not even close so the factors that go into assessing how much suffering someone is owed is age position and length of employment and and after 25 years he probably owed closer to two years pay you know I probably from 18 to 24 months of pay so if they offer them to eight weeks or ten weeks that's a wrongful dismissal that's not even to say it's pennies on the dollar is an insult it's it's that bad now beyond that the unfortunate thing is if in fact he as I understand he actually signed off on it he gave up his rights and that's the unfortunate thing can you imagine instead of 24 months pay they gave him ten weeks pay not knowing any better he signed off on it that's a terrible situation it's a situation you don't want to ever have to be in once you sign off on that severance letter you're stuck you can't go back you can't change your mind even if you felt the pressure it's understandable you'd feel the pressure if you've been let go but once you sign you are stuck now what could he have done well he obviously could have called me but he could have also gone to the severance calculator severance pay calculator calm we'll talk more about that in a sec but what I've done is I've taken his information I plugged it into the severance calculator to show our viewers what would have happened if he had gone through the severance calculator so after 25 years of service let's say he's in his 50s he was off for ten weeks severance calculator shows us he would have gone 20 to 24 months pay right there so if he had gone if he had done just what I did which takes seconds yeah if you've gone to severance pay calculator com he would have known wait a second they're saying 10 weeks this tells me at a minimum it's 20 months we got a problem here unfortunately he didn't know any better most people many many people don't know any better you know better now so don't let that happen to you I almost you know I hope he's watching but I I kind of hope he's not watching after seeing that right that's huge that's a really bad it is and it is that tough news for me to break and I have to break this news to people often because they realize wait a second I was let go six months twelve months whenever it was ago I signed off on that package I understand now they wrote me another $65,000 can I do something about it can't do anything about it if you sign so when do you get advice when do you call me when you go to the severance calculator as soon as you're like doc give that severance pay calculator calm is the place a lot of misconception when it comes to maternity and maternity leave so we kind of put together for this show a maternity leave true and false so I'm going to run through some of these and you could say true or false and we are we're gonna do it the other way I am going to be the interviewer for this time I'm gonna ask you so we're gonna do some true and false here but maternity leave and you should really be able to get these easy but a lot of people don't know and so so this is not about you Joan this is about our viewers so I'm gonna to ask John here some questions about maternity leave he's gonna say true or false and then we'll elaborate about it so stay tuned because I wanna I want to make sure everyone understands it's a very important topic employers get the strong employees get this wrong so the first thing I'm gonna ask you John is this if a woman is pregnant and she's like she's pregnant when she's accepting a new job offer does she have to tell her prospective employer about the pregnancy absolutely not absolutely not false that is completely false one day one we're doing well here right quit while you're ahead the reality is if you're pregnant and you're being interviewed if you're pregnant and you've just accepted a job offer you do not have an obligation to tell your employer that you're pregnant that you're gonna be taking maternity leave that's that's private that's your personal information your employer doesn't have a right to ask you about that by the way if they do that's a human rights violation right there so it's not of the employers business you you even if you know eight months from now seven months from now you're going to be off on a maternity leave you do have to tell your employee when you're being interviewed and and anything short of that is completely unacceptable you can you can offer up the if you want to but you can't if you're going I don't know that I would but certainly you could but you don't have to and you can't be asked and beyond that if later on the company realizes that you were pregnant when you were being interviewed they absolutely cannot penalize you for not telling them right that's the key yeah okay one for one so far I'm one for a while and I ever did in school god help us all okay well let's ask another one so okay true or false drown an employee cannot be disciplined if her performance suffers because of her pregnancy true that is true that is very true so sometimes pregnancies don't always go smoothly sometimes we may have some medical issues that may impact us and our job performance may deteriorate maybe we can work as long work as hard you know do the job for the way we want and if it's tied to the pregnancy we cannot be penalized the woman that can't do it job the same way has to be accommodated if it's tied to her pregnancy now if it's unrelated to her pregnancy if she decides she's not gonna show up for work nothing to do with pregnancy or slack off on the job yes you can't be penalizing can be disciplined but it cannot in any way be tied to your pregnancy if you get disciplined Maternity true or false I am in the hot seat next one John the inter Falls the employer can hire a replacement for the employee who is going on a pregnancy or parental leave well they're off I'm gonna say yes that is true so an employer does have a right to continue running its business and that may mean bringing in a replacement for the employees or an employer that hires up replacement is not doing anything wrong but the key here John the key here that does not mean that the person on maternity leave doesn't have a job when the maternity leave is done or the parental leave is done the person still has a right to their job it's the employers decision how they deal with the new employee they're hired but the employer can hire a replacement in the mean time but again the employee maintains their job while I'm attorney the same job as they have when they left same job same pay same compensation same everything same location anything short of that is illegal human rights violation it's an Employment Standards violation but an employer can hire a replacement by the way one eighty five five eight to one fifty nine hundred anytime help at employment lawyer dot say to reach out and contact Lior we're talking maternity to her falls this is important stuff here so continuing continue from where we left off so if the employer likes the replacement better than the employee that's on maternity leave the employer can just return the employee to a different position true or false I'm gonna say false it's absolutely false so and it happens often the employer employer realizes we like the replacement better so we're going to keep the replacement and bring back the old employee to a different position can't do that the employee has a right to the same job same plication same duties and the employer cannot keep the replacement instead of them that's illegal there's not even a question about that John can they if the employee that was pregnant comes back from a maternity leave can they offer her say look wait you know no offense but this person is really good would you mind going to can they offer a different position sure like that reference Planes Trains automotive but they can offer but certainly I think that puts also the employee in an awkward position so I don't think that is a good strategy the employee that's off of maternity leave may feel obligated may feel the pressure so as a practical matter I would say no I would advise employers not to do that just bring back the employer to the same position I've got them all right so far so let's do one more so assuming the employer needs to terminate an employee on maternity leave for legitimate reasons the employer can let the employee go at any time while she's on maternity leave false that's false so here's the thing let's assume John that the employer knows that I don't have a job legitimately they're the partner shut down whatever it is I don't have a job for the employee on maternity leave but she's still gonna be on maternity leave for another six months let's say the employer should wait to terminate because you don't know what's gonna happen six months from now maybe six months from now you still need the person or you're gonna need them desperately you don't know that so you can't jump the gun alright your obligation is as the employers to take the employee back after maternity leave you can't actually assess your ability to meet that obligation until the end of the maternity leave so if you've been let go early eternity leave even if it's the the reason is legitimate that is improper that could be a violation of the Employment Standards Act right there give me a call if that happens and John you got them all right that me I'm speechless See Mom I did okay this also applies for the fellows to paternity leave same thing if you take a parental leave paternity leave maternity leave any time you're off fort for those reasons you have the same protections that right to your job can't be punished can't be penalized in any way anything short of that is not even close to being acceptable and if that happens please do give me a call that number one eighty five five eight to one fifty nine hundred help at employment lawyer dot say we'll take a short break and we mentioned a couple times we were going to get into the severance pay calculator as soon as we come back employment arm of thirty lost your job employment law myth number five there's no point in calling a lawyer because my employer treated me fairly fact over 90% of people are offered much less than they are owed always go to employment lawyer dot CA and check with the employment lawyer first lost your job find out how much severance erode right now severance pay calculator calm accurate anonymous and free severance pay calculator calm lost your job employment law myth number nine I Can Has call the labor board instead of a lawyer fact the labor board cannot help an employee get their full entitlements always go to employment lawyer dot CA and check with the employment lawyer first [Music] and welcome back to employment our in 30 we've talked about it a few times already in the show we'll get to it in depth now severance pay calculator comm well John you and I started doing a radio show some five years ago and we did that out of an idea I had let's inform people that was the idea let's inform people so that there's no misconceptions anymore people were calling me every day I've been practicing for 15 years people are calling me every day because they've accepted severance that was an adequate they wanted to know and it was too late to help them and I wanted to try to get ahead of that problem and one of the ways I've done that is I've created the severance calculator severance pay calculator dot-com is is the address against severance pay calculator common what does it do well the name tells you everything the calculator helps you find out how much you're owed if you lost your job it's simple it's easy to use it's completely anonymous you don't have to put in your name you don't need a credit card even if you had a credit card there's nothing you could do with it there it's only there for your information and by the way if you think you know how much severance you're owed if you think it's a week's pay per year service or two weeks pay it is not if that's what it was I wouldn't have needed to created it so you go to severance pay calculator com answer a few questions by your age or position and length of employment and you find out exactly how much your own and you don't have to have a severance letter in hand to use it maybe you're just curious you want to know a what happens if the business gets sold and I lose my job what would I get or maybe you're concerned because your boss is not treating you properly and you're reading the writing on the wall you think they're gonna let you go be prepared go to severance pay calculator calm you know what John I bet you anyone watching us right now if they put a number in their head in terms of what they think they're owed that number is gonna turn out to be completely wrong once they actually go to the severance calculator go right now severance pay calculator calm let me know if you have any questions and if you need to contact me there's a button right there you can reach out to me only if you want to otherwise completely anonymous I'll get to a a scenario and let you expand on it Sean forty three old workers an IT technician for a mid-sized software developer after sixteen years of the company he was fired to do unexpected market changes guess it happens based on his fifty seven thousand dollars salary his boss believes that sixteen weeks of severance pay is quote unquote edible but Shawn has only two days to accept the offer before it disappears should he take it and this scenario is based on a real situation someone that called me in so that's why I picked it because it's a common situation and some people may think yeah sixteen years it was offered 16 weeks it's sound right well spoiler alert it's not it's not even close but let's see how you could have found out on your own and then this person strong could have found out on his own go to seven Spade calculator com what does it show us well Shawn is an IT 16 years $57,000 7 calculator shows us he gets 16 to 20 but months 16 to 20 months you were again he was offered 16 weeks pay now depending on his compensation that could be a difference in the six figures so that's a huge difference so that's why the severance calculator is so important in this situation a very common situation I'm gonna say that most people that lose their job are gonna find themselves in this situation where they're offered a lot less than what they're owed so go to severance pay calculator comm find out what you're owed and and by the way do the same thing for your friend and your family members if they lost your job go to the severance calculator for them tell them to go to the severance pay calculator dot-com website make sure that they don't accept inadequate severance you know I notice that the bottom two he says there he only has two days to accept the offer before it expires before it disappears come on yeah well John pretty much every severance letter is gonna have a deadline two days it's pretty nasty sometimes it's four or five six days but regardless of that here's the important thing and then I'm glad you raised it that deadline means nothing your legal rights don't expire in two days three days seven days in fact you have two years two years to pursue those rights that deadline is a pressure tactic that's all it is the company wants the individual to think that if you don't accept it you're gonna lose something where in fact they're offered a lot less than what they should be offered so don't worry about that deadline you have my permission I'm right here on TV saying it so non can say that I'll deny it you can ignore that deadline take the time you need to understand your rights call me if you want to go to the severance pay calculator website make sure you know what you're getting severance pay calculator comm check it out while we sit here and do the other the show it is employment our TVC that is where you want to go another website - of course your website you can find there a place where you can catch one of our radio shows in Ontario throughout the week as well we take a ton of phone calls of course on the radio show it's a call-in show we like to play him back and get some feedback we get to a call now I used to work as a temp general laborer in a warehouse after year working at a certain company with a certain agency I was told thanks pretty much you've done a great job and then I didn't get another shift and that was the end of that kick is there gonna ever be any legislation for temporary placement workers great question very good question and often times we see all kinds of titles that may confuse people temporary part-time on contract that set our agency and a lot of people think that that somehow changes the analysis so I'm gonna make it as clear as I can if you have a job and you lose that job you're owed severance it's as simple as that doesn't matter if you're a temporary employee it doesn't matter if you're a contract employee doesn't matter if you're working through an agency you cannot lose your job or getting back without getting that severance unless of course you did something horrible now if my temporary employee that means that you sign an agreement that has an end date so maybe you signed an agreement that you're gonna work for six months and after six months I say the agreement is ended we wish you all the best then Oh in that situation because the deal was I worked for six months you don't get severance but if they let you go before that end date you may have to get paid till the end of the contract if the agreement continues beyond that and you don't sign a new agreement and at some point you let go you get severance so in almost every situation temporary employee part-time full-time contract whatever you get severance if you lose your job and if you're not sure well that's when you give me a call don't make assumptions I really want our viewers not to make any assumptions well I'm pretty sure in a lot situation I don't get anything in most cases those assumptions are incorrect so call me so you're telling me if you're only a 3-year contract and the contract expired on Friday you still going to work on Monday now you're an employee yes exactly right if you have assigned a fixed term agreement the agreement expired the next day if you're still working in there now you're a regular indefinite employee and that's important for many reasons one of them is if you are let go at that point now the company can say well wait a second we have this contract you don't have a contract at that point you get severance like any other employee based on a three years prior based on the full amount of cirno's so that could be months and months of severance so you know the law here is in favor of the employee that what law wants to help employees so if you're not sure how it helps you or if it does help you reach out to me one eighty five five eight to one fifty nine hundred help at employment lawyer say we'll take a short break and when we come back we'll talk about severance for restaurant servers this is important as well it's coming up employment r130 lost your job employment law myth number seven involving an employment lawyer is expensive fact in most cases fees are nominal and the employer will ultimately cover the fees always go to employment lawyer dot CA and check with the employment lawyer first lost your job find out how much severance erode right now severance pay calculator comm accurate anonymous and free severance pay calculator calm lost your job employment law myth number five there's no point in calling a lawyer because my employer treated me fairly fact over 90% of people are offered much less than they are owed always go to employment lawyer dot CA and check with the employment lawyer first [Music] welcome back to employment our in 30 and we got lots of phone calls come through in a radio show you want to find out where that happens just go to employment our TV say all over Ontario several times during the week people call in they want to get the information you answer the phone calls answer the questions we get to another one then I love you comment on your I've worked for a company for ten years I'm 61 I'm a server we were given written working notice we will no longer be employed I was just wondering if I've entitled to severance or am i working for my severance now so that's a very good question so let's start with the idea that if an employee does give you notice that notice counts towards your severance now for that to be effective notice for that to count towards your your severance it has to be in writing of course and it has to have a definitive end date so you can't be told at some point in the next six months you're done you have to be told on July 17th whatever the data is you're gonna be gone here and that period of time that notice counts towards your severance but the key to understand is just because you gave you got notice doesn't mean you don't get severance also because you may have gotten insufficient notice so if someone is owed let's say 12 months of severance or one of the ways the employer can meet that obligation is to give them 12 months notice but what happens if the employer gives only 5 months notice well they still owe the employee that extra 7 months on the back end of it so because of that it's very important to understand what you're actually oh now this particular person that called us we play that callback from one of our radio shows so she's she's in her 60s she worked as a server for 10 years she's probably owed 12 months of notice or severance and how can she find that out herself well she could also go to severance pay calculator calm and she's put in her information there and you see right at the bottom there that she gets 12 months of severance now I don't know how much notice she got so whatever notice you got whether it's a month two months six months that comes off the top of the twelve months but the company still owes her the balance so if you get notice that does count it is what it is the law says the employer can give you notice but the fact you've got notice doesn't you've got enough notice you may still be out severance at the back end twelve months would be quite a lengthy notice period it's out when I talk to have an employee hanging around for 12 months knowing that there's you know the rend of the line is it your most of the time when I see notice we're probably looking at a few weeks maybe a couple of months I would and then then at that point the employer has to pay the employee the balance of that notice and that could be very significant the key also to understand is if you resign before the end of that notice then that's a resignation you don't get that extra severance so you always want to understand what you'd be owed at the back end of it one eighty five five eight two one fifty nine hundred is the number to reach the or a member of the team at the firm there's also another resource for you called termination questions dot-com you can ask your questions there's a drop down menu lots of questions have been asked and answered I'll get one and I'll read it out for you here they are from that particular website you can expand on it the company is shrinking the size of my sales territory they said I underperformed last year and have to work harder if I want to gain my old territory back this change is going to hit forty percent of my commissions can they do this well no they cannot do this because what this does is it's not changes the person's compensation so if the company wants to realign territories change compensation structure change Commission's structure if that impacts the person in a negative way that could lead to a constructive dismissal even if the company has the best intentions or good reasons and there's good business reasons as to why they're making this realignment this change it doesn't change the reality that if it impacts the employee if it impacts them negatively they can treat that as a constructive dismissal so for those that have not heard this term what is a constructive dismissal well constructive dismissal happens when the employer engages in the or tries to make a significant change in the terms of employment that could be changed to your compensation a demotion a relocation taking away Commission any change like that gives the employee the option to treat employment as being terminated and get severance it's as if the company and let the person go so in this particular situation the one that you just read out loud here the person would have the option if it's gonna impact them by 40 percent that's huge its massive they could accept it or they could treat their terminate their employment is being terminated the problem was accepting of course run you know is once they've accept that they've given the company the right to do it again and then the next time they reduce it by another 40% they won't be able to do anything about it you only have one kick at the can when it comes to constructive dismissal so don't miss that opportunity with the same thing apply for a shift change you're working in the same place same job same paver you're going from days two nights or nights to afternoons without a place oh my gosh change like that is massive it's another massive change if I used to work days and now they say I have to work nights or afternoons or what-have-you that's a big deal obviously people plan their lives around when they work so if I'm now gonna be made to work a different shift that's one thing if I was to work 9:00 to 5:00 and now it's 8:30 to 4:30 that's not a big change but if I work 9:00 to 5:00 and I'm gonna work 3:00 to 11:00 p.m. that's a big change which means the employer can now face a constructive dismissal situation I don't have to accept that change even if the company has a good reason and I can choose to treat my employment as being terminated and the severance that you get is the exact same severance you would get if the company let you go you can go to severance pay calculator comp to find that out it's not something a company is allowed to do lots of information every show if you want to catch up anytime the phone number 185 five eight two one fifty nine hundred employment our TV CA there you'll see a website you can find our radio shows that happen all week all over Ontario and of course emails help at employment lawyer dot CA as well till next time this has been employment hour in 30 [Music] you [Music] closed captioning of this program is brought to you in part by severance pay calculator comm find out how much you are owed right now severance pay calculator calm lost your job employment law myth number 9 I Can Has call the labor board instead of a lawyer fact the labor board cannot help an employee get their full entitlements always go to employment lawyer CA and check with the employment lawyer first