Employee rights as the summer job season approaches

Interview Summary

Reports have shown that there are plenty of jobs available to individuals looking for work as the summer season begins. What can and should potential employees expect in entering a changing job market? Are there potential red flags once employment has begun that employees should be aware of?

Jon Pinkus, a Toronto employment lawyer and Partner at Samfiru Tumarkin LLP joins Radio 640 Toronto with Takara Smalls to answer these questions and more.

Interview Notes

• The job market and beginning a new job: It is important for individuals beginning new positions should look closely at their employment contracts and whether or not they are being presented with an employment contract at all. In many cases, employers use contracts to protect their own interests and employees should be wary of signing before seeking advice from an employment lawyer.
• Independent contractors and the gig economy: Employers often misclassify employees as independent contractors. By being misclassified, employees are not entitled to basic rights and there are also implications for tax reporting.
• Re-negotiating a contract once employed: Employees are within their rights to re-negotiate a contract. Ultimately it comes down to the leverage an employee has with their employer and using that leverage to protect their own rights and interests.
• Negative reference from former employer: It is not true that employers are not able to give negative references about former employees as long as the reference is not false and done so maliciously.
• Protecting employee rights if working remotely in another country or province: As working remotely has become more prominent, employees need to know that where they reside and work decides ultimately which employment laws and protections they are governed by.
• Fraudulent and inaccurate job postings: A best practice for all individuals is to stick to well-known and vetted websites for job postings as well as keep in mind all potential red flags once employment has begun.