Employment Law Show: Ontario – S11 E43

Episode Summary

How can employers and employees navigate an aging workforce? Employment Lawyer Jon Pinkus, Partner at Samfiru Tumarkin LLP answers this question 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 catch the show on Saturdays and Sundays on 640 Toronto, Newstalk 580 CFRA in Ottawa, and 900 CHML in Hamilton as the hosts take calls from listeners and provide vital answers to employees and employers.

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Show Notes

• Inadequate severance for contractors: It is important for employees to seek legal advice before consulting an employment lawyer. Often, employees have been misclassified as independent contractors and miss out on vital employment rights. Misclassification can lead to inadequate severance packages due to the failure to account for years of service.
• Aging workforce and productivity: Employers concerned about an employee’s productivity should look closely if there are factors that have led to inefficiency. Employers should ensure that employees with medical conditions are given accommodation. Employers can also offer to coach or implement a performance improvement plan.
• Discrimination and human rights: Employees cannot be discriminated against due to their age. Most provinces across Canada do not have a retirement age and employees should remember they cannot be pushed to retire or resign. Employers that penalize or terminate an employee due to their age have violated human rights and could face additional damages.
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    Harassment and Discrimination
• Forced to work overtime hours: Employees do not have to work overtime hours if they have not previously consented to. It is important to determine whether or not employees have agreed to work overtime in an employment contract. A substantial change to the terms of employment, such as forced overtime, can lead to constructive dismissal.

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 episodes of our popular TV show.