Employment Hour 640 Toronto – S7 E48

Summary

Toronto Employment Lawyer David Vaughan, partner at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto, the surrounding GTA, Hamilton, London and across Ontario.

David shatters myths and misconceptions about severance pay, terminations, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, and more.

What We Covered

Chapter 1:

Can an employee allege a frustration of contract?

A client was off work for several years due to a medical condition. His doctors determined that he is completely disabled and unable to return to work. Based on the doctor’s recommendation, can the employer deem a frustration of contract?

Chapter 2

If an employee turns down a new position offered by the same employer, can this be deemed a resignation?

A client was told that their position is no longer available due to restructuring in the company. They were offered a new role with the same pay but different responsibilities. The employee decided they were not interested in this offer and turned down the new position. The employer interpreted this as a resignation and no severance was offered. Does this constitute a resignation?

Chapter 3

Is it more difficult to terminate for just cause if the employee has been working at the company for a longer time?

Is it more difficult to terminate an employee for cause if they’ve worked there for 20 years as opposed to 2 years?

Chapter 4

Do you accrue vacation pay while on parental leave? Are you entitled to raises and bonuses while on parental leave?

A woman is 7 months pregnant and is planning to go on leave in September. She wanted to know if individuals on parental leave miss out on bonuses and pay raises while on parental leave, and whether she can go back to work earlier than planned or extend her leave if needed.

Chapter 5

Would employees with short service be entitled to severance? How does a non-competition agreement affect severance entitlements?

Chapter 6

Should an employee always have a written employment contract?

Chapter 7

Can an employer refuse an employee to return to work if the employee thinks they’re well enough to return? What if the employer cannot accommodate the modified duties requested by the employee’s doctor?

Chapter 8

As a contractor, can my employer deduct my expenses from the severance I am offered?

Jim is a contractor salesman and has worked at the same company for 40 years. He received a termination letter and they’re offering him 6 months of working notice and 12 months of additional severance. His employer is deducting expenses from his severance offer. Can an employer do this?

Chapter 9

Does the employer have to pay severance all at once as a lump sum payment or can they offer salary continuance instead?

Chapter 10

Is the employer allowed to offer a combination of working notice and salary continuance to some employees and offer one lump sum payment to others?

A caller into the show with 19 years of service has been terminated and offered 17 months of working notice. After the 17 months are over, he will receive 5.5 weeks of additional severance. Other employees have been offered a lump-sum payment instead of working notice. Can the employer do this?

Chapter 11

If an employee is terminated for just cause, does the employer have to pay severance?

Chapter 12

If an employee’s bonus has been decreasing year by year, could this constitute constructive dismissal?

My partner has been working for the same employer for the past 20 years as a dental hygienist. She receives a Christmas bonus every year, however, her bonus has been decreasing in the past 7-10. Can this constitute constructive dismissal? More on severance packages for Canadian dental hygienists.

Chapter 13

Can an employee’s compensation be based on a percentage rate?

Experiencing an Employment Issue?

Before you call a lawyer, use the Pocket Employment Lawyer to find out if you might have a case.

Use The Severance Pay Calculator to find out how much severance pay you may be owed upon termination.

Call 1-855-821-5900, email Help@EmploymentLawyer.ca or fill out a contact form to get help now from an employment lawyer.

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