Work: What’s Next | Minimum wage rise and questions about EI

Interview Summary

As the deadline in order to be vaccinated or face termination looms for many employees across the province of Ontario,  concerns about benefits if terminated have arisen. The announcement of a rise in the province’s minimum wage has also led to questions surrounding restructuring in the workplace. Will unvaccinated employees have access to employment insurance? What can employees expect with possible layoffs and reductions in pay?

Lior Samfiru, a Toronto employment lawyer and partner at Samfiru Tumarkin LLP joins Global News for Work What’s Next to answer this question and more.

Interview Notes

What rights do employees have if they lose their job due to employers cutting costs?

Employers are permitted to let employees go for most reasons as long as adequate severance is offered. Depending on the length of employment, severance can be up to 24 months of pay. Severance is based on a number of factors, including the age of an employee, the length of service as well as the position.

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Severance Pay in Ontario

Can employers implement changes to their workplace to offset the costs of a rise in the minimum wage?

Employers cannot make significant changes to the terms of employment and if they do employees can choose to treat the changes as constructive dismissal. Major changes can include a significant reduction in compensation, benefits or hours as well as relocations or demotions.

Will unvaccinated employees who have been fired be able to access employment insurance?

Employees who have been terminated for cause will not be able to access employment insurance. It is important to remember, however, that termination for cause is very difficult to prove and employers often incorrectly fire employees for cause. For most employees who are unvaccinated and have been terminated, their termination must be without cause. Employees who have been terminated without cause can access employment insurance.

READ MORE
• Can I get EI if I am fired for refusing to get the COVID-19 vaccine?
• Employment Insurance new rules
• Employment Insurance and Severance Pay

What advice should employees facing the possibility of termination without severance and EI listen to?

Employees who work in a sector without government mandate and have been terminated without severance can file a wrongful dismissal claim in order to pursue their severance entitlements and employment insurance. Employees who have been fired in a sector with a government mandate will, unfortunately, have limited options.