5 Things to look for in an employment agreement | Employment Law Show TV – S7 E01

Episode Summary

5 THINGS TO LOOK FOR IN AN EMPLOYMENT AGREEMENT, severance during probation, accommodating a medical condition, and more on Season 7 Episode 01 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

Let go from work due to illness and no doctor’s note

I have a medical condition and due to some medication, I am unable to go to work. After missing several days of work, I was let go by my employer.

• Termination of employment due to illness: Employers cannot penalize or terminate an employee due to an illness or injury if they have the support of a doctor. Employers who refuse to accommodate an employee despite an illness or disability could be considered to have violated their employee’s human rights. An employer also does not have a right to know an employee’s diagnosis but simply their prognosis.
• Doctor’s notes provided to the employer: It is important for employees to have medical documentation and support from their treating medical team in order to take sick leave from their jobs. Employers have a right to request a doctor’s note in order to confirm an employee’s inability to work due to illness or a medical condition. Employers that do not ask for a doctor’s note cannot decide at a later point to penalize an employee.

A company closes and the owner informs employees of no severance pay

After 30 years working in a restaurant, I was given notice that it would close in 8 weeks. The owner has informed us that none of the workers are entitled to severance.

• Severance pay when a company shuts down: Employees that are out of a job as a result of a company or business shut down are still owed severance pay regardless of the size of the company or the closure itself. Employers might not be obligated to provide severance to employees if they have declared bankruptcy.

MORE ON SEVERANCE:
• Severance in Alberta
• Severance packages in Ontario
• Severance entitlements in B.C

A health condition prevents an employee from working overtime

I’ve worked in a warehouse for decades but recently my health has prevented me from agreeing to overtime. Can I be forced to work overtime?

• Overtime pay and hours: Employees are not obligated to accept requests for overtime work unless they previously agreed to do so in an employment contract at the start of employment. Employees that have already worked overtime despite not being told to do so or received approval from an employer must still be paid overtime pay.
• Duty to accommodate an employee: Employees that have a medical condition that impacts their ability to work should speak to their doctor in order to provide a note and ask for accommodation from their employer.

5 Things to look for in an employment agreement

• Terminology regarding an employee’s rights to severance pay: Termination clauses included in an employment agreement often seek to significantly limit severance entitlements for an employee in the event of a termination.
  
• A clause that permits an employer to make changes to an employee’s job: Employers do not have the right to implement significant changes to the terms of an employee’s job unless an employee has given them the right in an employment contract. Flexibility can be built into an employment agreement by the employer to prevent a future constructive dismissal.
  
• Language that allows an employer to implement temporary layoffs: An employer does not have the right to place an employee on a temporary layoff unless it consents to in an employment agreement. Without the consent of an employee, a temporary layoff can be considered a termination.
• Classification or title as an employee or an independent contractor: Many employees are mistakenly classified as independent contractors by their employers. Employees that have been mistakenly classified could face legal repercussions in the future. Employees that are not unsure of their status should speak to an employment lawyer.
• Non-compete, non-solicitation or privacy clauses: Employees should be wary of signing an agreement that includes a non-competition clause as it could prevent future employment. Employees should not sign an agreement regardless of whether or not the clause will be enforceable. Employees are able to negotiate the terms of their contract with their employer.
  

Owed severance pay at the end of a probation period

I was let go right at the end of the 3-month probation period. My employer says I am not owed any severance as it was probation. Is this true?

• Terminated during probation: Many employees mistakenly believe that they are automatically on a probation period at the start of employment. Employees must agree to a probation period in an employment agreement. Employees who have not agreed to a probation period are owed severance pay upon termination.
  
• Termination without cause: Employers are within their rights to let an employee go for any reason as long as it is not considered discriminatory and adequate severance pay is offered.

Fired by an abusive employer but the employee refused to sign a severance package

The new director was verbally abusive. A reason was created to terminate me but I refused to sign the termination papers and was not offered any severance.

• Harassment and discrimination by an employer: Employees who voice complaints of harassment within the workplace cannot be penalized for doing so or terminated. A reprisal by an employer is considered a human rights violation and can lead to additional legal damages. Harassment in the workplace must be properly investigated and resolved by an employer.
• Accepting a severance package: Employees should never accept an initial severance offer without consulting an employment lawyer as an initial severance package is often inadequate.

Deadline to accept a severance offer

How much time do you have to accept a severance offer? My former employer insists I have the rest of the week to decide before they change their original offer.

• Severance package deadlines: Employers often impose deadlines on employees as a pressure tactic in order to force an acceptance of a severance package. Employees have up to two years after the initial date of termination to pursue their entitlements and should speak to an employment lawyer before agreeing to sign any documentation.

NEXT EPISODE: Employment Law Show S7 E02 – How to handle abuse in the workplace

PREVIOUS EPISODE: Employment Law Show S6 E30 – 5 Mistakes employees should NOT make