Lior Samfiru: Employee rights during a TTC strike

Are TTC workers on strike?

No. A transit strike that would have brought Toronto’s subway system, streetcars, and buses to a grinding halt has been avoided — for now.

After hours of negotiations on June 6, the Toronto Transit Commission (TTC) and the Amalgamated Transit Union (ATU) Local 113 announced that they reached a “framework settlement.”

The update came less than an hour before the midnight deadline.

If an agreement wasn’t reached, more than 11,000 TTC workers were prepared to walk off the job at 2 a.m. ET on June 7.

What’s the union asking for?

In addition to better wages for frontline staff, ATU Local 113 is demanding:

• Improved job security and benefits
• Dignified working conditions
• Enhanced workplace safety

TTC users prepared for the worst

To avoid being late for work, many commuters made alternate arrangements.

Here’s what non-unionized employees in Ontario need to know in the event of a TTC strike.

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• Global News: Employment lawyer Lior Samfiru on second CUPE strike

Can my employer punish me if I’m late to work?

Many people rely on the TTC to get to and from their jobs.

If a strike affects your ability to get to work on time, it’s very unlikely that your employer would be able to discipline you.

However, if you are constantly showing up late after your company warned you that this behaviour needs to improve, some form of punishment might be justified.

SEE ALSO
• Reprisals at work in Ontario: Employee rights
• What Albertans need to know about workplace reprisals
• Workplace reprisals in B.C.: Know your rights

Can my employer make major changes to my job if I’m late to work?

Non-unionized workers in Ontario don’t have to accept significant adjustments to the terms of their employment.

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

WATCH: Employment lawyer Lior Samfiru breaks down everything you need to know about changes to your job on an episode of the Employment Law Show.

If unwanted changes are made to your job because you were late to work, or for another reason, 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 until an experienced employment lawyer at Samfiru Tumarkin LLP confirms that you have been constructively dismissed.

ADDITIONAL RESOURCES
• Can an employer make me work for free in Ontario?
• What Albertans need to know about changes to their job
• Changes to your job in B.C.: What employees need to know

How is severance pay calculated?

In Ontario, severance for non-unionized employees can be as much as 24 months’ pay.

This includes individuals working full-time, part-time, or hourly in the province.

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

To figure out how much money you should receive, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their entitlements.

If your company’s offer falls short of what our Severance Pay Calculator says you are owed, it’s very likely that you have been wrongfully dismissed and should seek legal counsel.

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

LEARN MORE
• Should I negotiate my own severance package in Ontario?
• Rights to severance for provincially regulated employees
• Severance pay for federally regulated workers
• Severance packages for TTC employees

My employer is pressuring me to quit because I was late to work, what should I do?

No matter how upset your company is that you were late to work — TTC strike or not — they can’t pressure or force you 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 speaking with a member of our team — you might have grounds for a constructive dismissal claim.

Already resigned?

If you were forced to quit your job for any reason, contact an experienced Ontario employment lawyer at Samfiru Tumarkin LLP.

In addition to severance pay, we can help you obtain compensation for any damages associated with the end of your employment.

LEARN MORE
• 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 employer fire me for being late to work?

The short answer is yes. Employers in Ontario can fire non-unionized employees for being late to work — even if it’s due to a TTC strike.

This is known as a termination without cause. You can be let go for any reason, as long as:

• You are provided full severance pay
• The reasons for your dismissal aren’t discriminatory

If you were only late once, it’s very unlikely that your boss would be able to fire you for cause — meaning no severance package or access to Employment Insurance (EI) benefits.

Considered the harshest punishment in a company’s arsenal, this type of dismissal is reserved for the worst workplace offences, such as serious insubordination, theft, or assault.

To justify firing you for cause, your employer must prove progressive disciplinary measures were applied and that a lesser penalty wouldn’t be suitable, which is very difficult 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.

SEE ALSO
• Can I be fired in Ontario if I’m late due to weather?
• Do I have to look for a new job after getting fired?
• Employment Law Show: Facts about the termination process

My employer is pressuring me to sign my severance offer immediately, what should I do?

It’s not uncommon for employers in Ontario to pressure non-unionized workers to immediately accept severance offers that provide them with far less compensation than they deserve.

If you receive a severance offer from your boss, don’t sign anything until you speak with our firm.

The company can’t legally force you to accept it before leaving a termination meeting or a few days after it was provided to you.

In some cases, employers try to add:

• A termination clause that limits the amount of severance pay you can receive
• Non-compete clauses that prevent you from being able to pursue employment elsewhere in your industry

As long as you didn’t accept the offer and return it to your boss, you have two years from the date of your dismissal to pursue full severance pay.

SEE ALSO
• I already accepted a severance package, what should I do?
• ’60 days or more’: Is it an enforceable termination clause?
• Employment Law Show: 5 facts about employment contracts

My employer won’t provide me with any severance after I declined their offer, can they do that?

The short answer is no. If you were fired without cause in Ontario, your employer must provide you with the minimum amount of severance pay that you are owed under provincial or federal employment standards legislation.

If your boss refuses to give you any severance because you turned down their offer or tried to negotiate more compensation, there is a good chance that you have grounds for a wrongful dismissal claim.

Lost your job? Talk to an employment lawyer

If you were fired or let go for arriving late to work, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Ontario, Alberta, and B.C. have secured favourable outcomes for tens of thousands of non-unionized employees.

We can review your situation, enforce your workplace rights, and ensure that you receive the compensation you are legally entitled to.