Employment Law Show: Ontario – S10 E116

Episode Summary

Are misclassified employees owed severance? Do employees have to accept changes to their job? Employment Lawyer Alex Lucifero, a managing partner at Samfiru Tumarkin LLP, answers those questions and more on the Employment Law Show. 

LISTEN BELOW to Ontario’s premiere radio show about employment law and workplace rights featuring the province’s leading employment lawyers. You can hear the show live on Mondays to Thursdays at 640 Toronto and 980 CFPL in London at 6:30 p.m. ET, as the hosts take calls from listeners and provide vital answers to employees and employers. 

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Show Notes

• Not typical harassment in the workplace: For employees facing harassment from a superior in the workplace, it can be especially difficult for employees to voice complaints due to the imbalance in power. It is important for employees who feel they are being bullied or harassed to first speak to the appropriate department and if the situation is not investigated and resolved, to speak to an employment lawyer. A poisoned work environment can be considered a reason for constructive dismissal.
• Not offered severance upon termination due to classification: Many employees are mistakenly classified by their employers as independent contractors. Individuals who do not set their own schedules and work exclusively for a sole employer are essentially employees and are owed certain rights and entitlements such as severance pay if terminated.
• Big changes made to an employee’s job: Many employees allow changes to be made to their jobs temporarily in an attempt to be accommodating, but do not have to accept the proposed changes. Employers are legally not permitted to impose major changes to the terms of employment without an employee’s consent, such as a major pay reduction, relocation, etc. Once a change has been accepted, an employee gives their employer the right to do so again in the future.

Need an employment lawyer?

• Pocket Employment Lawyer: Before you call a lawyer, use the Pocket Employment Lawyer to find out if you might have a case. 
• Severance Pay Calculator: Discover how much severance pay you should get when you lose your job, used successfully by nearly 2 million Canadians. 
• Watch our TV Shows: Get further clarity on your rights by watching our popular TV show episodes.