5 Fast facts on overtime pay | Employment Law Show TV – S6 E18

Episode Summary

5 FAST FACTS ON OVERTIME PAY, given working notice, termination clauses, and more on Season 6 Episode 17 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 to know about employment law in Ontario, British Columbia, and Alberta, on the only employment law show on both TV and radio in Canada.

Episode Notes

Vaccine workplace policies and reinstatement after termination

As vaccine passports have been lifted, can I be reinstated at my job? I was let go for refusing to be vaccinated.

• Vaccine policies in the workplace: Employees who have been let go or put on unpaid leave due to vaccine policies at their workplace, unfortunately, cannot be reinstated once they have been terminated. Employees who have been terminated as a result of their vaccination status are still owed their severance entitlements unless they worked in a sector in which a government mandate was in place.

Given working notice due to COVID-19 layoff

I was laid off because of COVID-19 after working eight years as a site manager. I was given 3 weeks’ working notice plus an additional 3 weeks of severance pay. Am I eligible for anything else?

• Severance pay during the pandemic: Employees who are terminated without cause regardless of the pandemic are owed severance based on a number of factors. Severance for non-unionized employees is based on the age of the employee, the length of employment as well as the employee’s position. Other factors can also influence the amount of severance an employee is owed such as the likelihood of future employment.
  • LEARN MORE ABOUT LAYOFFS
    • Temporary layoffs in Ontario
    • Laid off in B.C.?
    • What can you do if laid off in Alberta?

The contract ended before agreed upon date

I took a year-long maternity leave contract position, with the promise of a permanent job after the contract ended. They ended up terminating the contract four months early. Am I owed anything?

• Fixed-term contracts and severance: In some cases, employees are asked to sign a fixed-term contract. A fixed-term contract is when a worker is set to be employed for a specific amount of time. Employees who are let go before the end of the contract are owed the balance of their contract in severance pay. For some employees, this could be months or years of severance pay. Severance for fixed-term contracts differs in comparison to employees who are employed full-time.

5 Fast Facts about Overtime Pay

• An employer can’t force an employee to work overtime: In most cases, employees cannot be forced to work overtime hours and are within their rights to refuse overtime. It is important to keep in mind that an employer can let an employee go if they choose not to work overtime. Some employees might have agreed to work overtime hours in their employment agreement.
• Managers may be owed overtime pay in some situations: Generally, managers are exempt from overtime pay. It is important to note that employees who are managers in title only and not anything else are still owed overtime pay. Employees who are labelled managers should consider whether or not they perform managerial duties.
• Salaried employees are also entitled to overtime pay: Employees who are salaried are owed overtime pay if they work over the considered threshold in their province. Overtime pay for salaried employees is calculated at a time-and-a-half rate.
• Your employer can’t stop you from working overtime: Employers cannot avoid paying overtime to employees who have worked overtime regardless of whether or not the overtime hours were approved. Employees who work overtime are still owed compensation even if told not to work overtime but could face disciplinary action.
• Employees not given overtime pay can pursue severance: Employees are owed compensation for work they have performed. Employers who refuse to pay employees appropriately could lead to constructive dismissal. Employees who have been constructively dismissed can decide to pursue severance entitlements even though they have left the workplace of their own volition.

Offered new job and contract has a termination clause

I was recently offered a job. In the contract I was given, there is a termination clause that limits my severance to 2 weeks’ pay per year of service, with a maximum of up to 12 months. Is this normal?

• Termination clauses in a contract: Employees should be cautious when presented with an employment contract by their employer particularly if they have been employed for a manner of time. Employment contracts typically will seek to limit the entitlements of employees, particularly regarding severance pay. In this case, this termination clause limits an employee’s entitlements. Before agreeing to an employment contract an employee should speak to an employment lawyer.

Resignation due to a toxic work environment

My wife has been the vice president of sales and marketing for over 25 years. Due to ongoing emotional distress caused by a toxic work environment, she feels she must resign. Does she have any other legal options?

• Resigned due to harassment: All employees have a right to a healthy and safe work environment free of harassment. Employees who are experiencing harassment should document all incidents of abuse or bullying at the workplace. Employees should first speak to the appropriate party at their workplace to investigate and resolve situations of harassment. Employers who refuse to address complaints of harassment can lead employees to be constructively dismissed. An employee who has been constructively dismissed will then be owed severance.

Terminated while on medical leave

I’ve been on medical leave for the past few months. I was assured I would be accommodated when I returned. Last week I was told my position had been filled by a new hire. Can they do this?

• Let go due to illness or medical condition: Employees should focus on their own health and improvement while they are on disability or medical leave. Once ready to return to the workplace, employers do have an obligation to accommodate employees who are returning. If an employer is unable to employ the employee in their previous position, a comparable job must be found or adequate severance pay given upon termination.

NEXT EPISODE: Employment Law Show S6 E19 – Maternity and parental leave primer

PREVIOUS EPISODE: Employment Law Show S6 E17 – Guide on handling bullying and harassment at work