The Top 5 Things You Need to Know if You’re Returning to Work in Ottawa

With the lessening COVID restrictions over the year, more and more people will be heading back to the office for work. But before you go back, you need to be aware of your employment rights, what laws impact you, and what your employer can and cannot do. Here are five ways the law can protect and empower you, including how an employment lawyer in Ottawa can help.

#1: Your place of work will dictate the laws that govern your employment

Your place of work determines the employment law that affects your situation. If an employee works in Ottawa but lives in Quebec, the employment laws of Ontario apply. Even if that same employee shifts to remotely working from home in Quebec on a temporary basis due to COVID-19, the employee will likely still fall under Ontario law. That’s because the employee is still doing the same work, as an extension of their employment in Ontario. So, if you live in Quebec, but work in Ottawa, you can reach out to an employment lawyer at Samfiru Tumarkin LLP in Ottawa for help with your employment issues.

READ MORE: Can my employer make me go back to the workplace in Ontario?

#2: Your employer cannot require you to get vaccinated

In Canada, only the government can impose mandatory vaccinations in the workplace. Employers are not entitled to make up their own rules or change the terms of your employment, for example, by imposing a vaccine mandate. However, if you were offered a new job during the pandemic, an employer could make vaccination a condition of your new employment (unless you are unable to get the vaccine for medical or religious reasons, for example).

Despite the fact that employers cannot impose mandatory vaccinations, if there is a vaccine policy in your workplace and you refuse to comply, your employer may choose to terminate your employment. There is nothing you can do to prevent this from happening, but if they do let you go and there is no government mandate requiring vaccination, you would still be entitled to severance pay – in some cases that could be as much as 24 months’ pay. If you were let go for refusing to get vaccinated, contact us immediately to speak to a member of the team at Samfiru Tumarkin LLP.

#3: You don’t have to accept changes to your job when returning to work

When you return to the office, the existing terms of employment must be maintained. Your employer does not have the right to make significant changes to your hours, your shifts, or duties at work, whether there is a pandemic or not. The exception to this is if your employment contract allows it, or you have accepted changes to your job in the past. That’s why it’s important to speak to an employment lawyer as soon as a change is made at work – if you accept the changes and say nothing, you may forfeit your right to take legal action.

If your employer is attempting to make unwanted, negative changes to your working conditions or pay, an employment lawyer at Samfiru Tumarkin LLP can help you claim constructive dismissal and leave your job with full severance pay.

#4: You don’t have to sign a new employment contract

If you’re returning to the office and your boss asks you to sign a new employment contract, it’s a good sign your employer is trying to make a negative change to the terms of your employment. For example, the new agreement could introduce a termination clause to restrict your right to severance or allow your employer to place you on a temporary layoff.  It could also allow your employer to make unreasonable changes to your job. Your employer also has to provide some kind of tangible benefit to you if you do sign a new contract, such as a bonus or pay raise. If you are asked to sign a new employment contract, make sure you have it reviewed by an employment lawyer first to make sure your rights are protected and you’re getting everything you’re owed.

#5: You should never sign a severance package without having it reviewed

If you’ve been let go, your employer may present you with a severance package during the termination meeting. Often employers will also tell you that if you don’t sign before their deadline then the offer will be revoked, and you’ll forfeit your right to severance.

In fact, you normally have two years to pursue severance entitlements, and you also have a right to have a severance offer reviewed by an employment lawyer before signing. Over 90 percent of the individuals who approach my firm have not been offered enough severance. Without a proper review by an employment lawyer, you could be missing out on tens of thousands of dollars in severance. Always have your contract reviewed by a member of my team at Samfiru Tumarkin LLP.