Return to Office Mandates: Questions Lior Gets | Employment Law Show TV – S9 E01

Episode Summary

RETURN TO OFFICE MANDATES, schedule change imposed, an accommodation request refused and more on Season 9 Episode 01 of the Employment Law Show with employment lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP.

Watch above to discover your workplace rights and learn everything you need about employment law in Alberta, Ontario and British Columbia, on the only employment law show on both TV and radio in Canada.

Episode Notes

Truck driver labelled independent contractor

I was told the route I’d been driving as a truck driver was going to be taken from me after almost 8 years. As I’m classified as an independent contractor, do I have any rights to fight this?

• Misclassification of employees: Employees are often misclassified as independent contractors by their employers. A misclassification can lead to losing important employee rights, such as severance pay upon termination. Employees with major changes to their jobs without their consent can pursue constructive dismissal.
  

Company vehicle and phone lost with termination

I was terminated without cause from my job as a parts manager. I was only there for about 14 months. I had an agreement with my employer for a vehicle and phone, and now I have lost both. I was offered 2 weeks’ severance pay.

• Elements of compensation: Often short-service employees are owed comparatively more severance pay than long-service employees. While there is no specific calculation for severance pay, it is based on an employee’s position, age, and years of service.
  • Learn more about severance pay
    • Severance in Alberta
    • Severance packages in Ontario
    • Severance entitlements in B.C

A schedule changed after decades of work

My friend has worked at a factory during the day for 35 years. He’s recently been informed he will be moved to shift work. He’s worried he’ll be fired if he refuses. How long does he have before this change is considered irreversible?

• Constructive dismissals: Employers cannot impose major changes to an employee’s position without their consent. A major change can be a significant change in a schedule. This type of imposed change can lead to constructive dismissal. Employees do not have to accept the proposed change and instead can pursue severance. Employees should be wary of allowing a change to continue for a long period before voicing dissent.

Refused accommodation by the employer

My daughter has been working for this company for 8 years. She was recently diagnosed with an autoimmune condition and needed accommodation. Her employer is now informing her they can no longer provide accommodation, and she needs to take a leave of absence.

• Duty to accommodate: Employers must accommodate an employee’s medical condition or disability. A refusal to do so is considered a human rights violation. Accommodations must be provided up until the point of undue hardship. There is no time limit on accommodations.

Return to Office Mandates: Questions Lior Gets

• Working remotely for a long time: Employees who have been working remotely or in a hybrid work model for the past few years due to the pandemic can no longer be forced back to the office by their employers. Employers cannot impose a major change to the terms of employment without an employee’s consent.
  
• Can’t return to the office due to medical issues: Employees who cannot return to the office due to a medical condition must provide their employers with a doctor’s note listing their necessary accommodations. Employees cannot be let go by their employers if they cannot come into the office due to medical or caregiving reasons. This would be considered discrimination.
• Changed job after a return to the office: Employees must return to the same position they had before working remotely or in a hybrid work arrangement. Significant changes made to the terms of employment can lead to constructive dismissal.
• Contacting an employment lawyer: Employees should contact an employment lawyer to seek legal advice before resigning from their position to determine their next steps.

Let go after an inability to work due to disability

I was terminated today due to “frustration of contract”. I’ve been on a back-to-work plan, working 20 hours a week. However, my employer claims I am incapable of doing my job. Am I owed anything? I’m almost 60 and have been in my technician role for 11 years.

• Returning to work from disability leave: Employees must listen to their treating doctors and medical team before returning to work from disability leave. Employers, as well as insurance companies, cannot force employees to return to their jobs without medical approval. A “frustration of contract” occurs if an employee is not going to be able to return to work for a long period due to their medical condition. Employers must first determine whether or not they can accommodate an employee.

Performance plan amidst harassment at work

I have a new manager, and we do not get along. I’ve brought this up with HR, but nothing has been done about it and the harassment continues. Recently, I was given a PIP to sign, which is completely false. I was told if I don’t sign, I’ll be terminated immediately. What can I do here?

• Performance management and discipline: All employees are entitled to a harassment-free work environment. Employees must detail incidents and complaints of harassment or bullying in writing. Inaccurate performance reviews must also be disputed in writing. Performance management and plans can be used against employees for future terminations “for cause”.
  

Employment Laws

• Recording conversations in the workplace: An employee can only record conversations in the workplace that they are a part of. Recording devices cannot be left unattended to record other colleagues’ conversations.
• Force an employee to resign: A resignation must always be voluntary and without duress from an employer. A forced resignation is considered a termination of employment.
  
• Legitimacy of temporary layoffs: Employers cannot place private sector employees on a temporary layoff. A temporary layoff can be treated like a regular termination without cause.
• Accept a severance offer by a deadline: Employers often impose deadlines for an initial severance offer as a pressure tactic. Employees have up to two years after the initial date of termination to pursue severance entitlements.
• Let go due to online conduct: Employees can be let go for any reason as long as they are owed severance pay. Employee conduct that can damage an employer’s reputation might lead to a termination “for cause”.

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