TD Bank facing proposed class action over unpaid vacation and holiday pay

A legal battle is brewing for one of Canada’s biggest banks.

According to multiple news outlets, a proposed class-action lawsuit has been filed against Toronto-Dominion (TD) Bank — alleging that more than 1,000 mobile mortgage specialists across the country didn’t receive proper vacation and holiday pay.

TD is accused of:

• Failing to provide vacation or public holiday pay to some staff members.
• Failing to provide proper vacation or public holiday pay to some employees based on their commissions, volume bonuses, and other variable payments.

The class action claims that the money was owed, but not paid, on top of the set commissions and other non-salary compensation.

TD hasn’t issued a statement on the lawsuit at this time.

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Am I entitled to vacation pay?

In provinces such as Ontario, non-unionized employees have the right to time off for vacation under the Employment Standards Act, 2000.

However, workers can waive their right to vacation time and opt for vacation pay instead.

Staff in the province with less than five years of service are entitled to at least two weeks of vacation time, which corresponds to four per cent of their wages (per each 12-month vacation entitlement year).

If you have worked for your employer for five or more years, you are entitled to at least three weeks of vacation time, which corresponds to six per cent of your wages (per each 12-month vacation entitlement year).

ADDITIONAL RESOURCES
• Statutory holidays in Ontario
• What are the statutory holidays in Alberta?
• B.C. statutory holidays: What employees need to know

Can my boss make major changes to my job after asking for vacation or holiday pay?

The short answer is no. Non-unionized employees in Canada don’t have to accept significant adjustments to the terms of their employment.

Major modifications, such as a demotion, workload increase, or pay cut, are illegal.

WATCH: Employment lawyer Lior Samfiru explains what non-unionized workers need to know about changes to their job on an episode of the Employment Law Show.

If substantial changes are made to your job without your consent, there is a very good chance that you can treat it as a constructive dismissal.

In this situation, the law allows you to resign and pursue full severance pay.

However, you shouldn’t quit your job before speaking with an experienced employment lawyer at Samfiru Tumarkin LLP.

We can confirm that you have been constructively dismissed, assess your legal options, and ensure that you receive the compensation you are owed.

ADDITIONAL RESOURCES
• Changes to your job in Ontario: Employee rights
• What Albertans need to know about changes to their job
• Changes to your employment in B.C.: Your rights

How is severance pay calculated?

Severance for non-unionized employees in Canada can be as much as 24 months’ pay.

This includes individuals working full-time, part-time, or hourly in Ontario, Alberta, and B.C.

The amount of compensation you are entitled to is calculated using several factors, including:

• Age
• Length of service
• Position at the company
• Ability to find new work

To figure out how much you could be owed, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their severance entitlements.

If your company doesn’t provide you with the correct amount, you have been wrongfully dismissed and should contact Samfiru Tumarkin LLP immediately.

We regularly resolve wrongful dismissal claims and can help you secure proper severance.

LEARN MORE
• Severance pay for federally regulated workers
• Rights to severance for provincially regulated employees
• Severance packages in a recession

My boss is pressuring me to quit after asking for vacation or holiday pay, what should I do?

In Canada, employers can’t pressure or force non-unionized workers to resign.

If your boss is encouraging you to step down, document their attempts. Keep any letters, emails, or text messages that show how the company is pressuring you to quit your job.

Once you have gathered all of the relevant documents, don’t resign before contacting our firm. You might have grounds for a constructive dismissal claim.

Already resigned?

If you were forced to quit your job for any reason, connect with an experienced employment lawyer at Samfiru Tumarkin LLP as soon as possible.

In addition to severance pay, you could be owed compensation for any damages associated with the end of your employment.

SEE ALSO
• Employment Law Show: Facts about forced resignations
• Employment Law Show: What your employer legally can’t do
• Employment Law Show: Situations that trigger legal disputes

Can my boss fire me if I ask for vacation or holiday pay?

Non-unionized employees in Canada can be let go for any reason, as long as they are provided full severance pay and the reasons for their dismissal aren’t discriminatory. This is known as a termination without cause.

However, it’s very unlikely that your boss would be able to fire you for cause if you asked for vacation or holiday pay — meaning no severance package or access to Employment Insurance (EI) benefits.

LEARN MORE
• Can I Get EI When I’m Fired in Alberta?
• Can My B.C. Employer Refuse to Pay Severance?
• Can I Get both EI and Severance Pay in Ontario?

Considered the “capital punishment” of employment law, this type of dismissal is reserved for the worst workplace offences, such as serious insubordination, theft, or assault.

To justify terminating you for cause, your boss must prove progressive disciplinary measures were applied and that a lesser penalty wouldn’t be acceptable, which is very hard to do.

In our experience, most non-unionized employees don’t meet the conditions necessary for this type of dismissal and are entitled to severance pay.

LEARN MORE
• Do I have to look for a new job after getting fired?
• Can I get my job back if I am fired?
• Employment Law Show: Facts about the termination process

Lost your job? Speak with an employment lawyer

If you are fired or let go after asking for vacation or holiday pay, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Ontario, Alberta, and B.C. have helped tens of thousands of non-unionized individuals resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation you are owed.