5 Things you should know about employment contracts | Employment Law Show TV – S6 E10

Episode Summary

5 THINGS YOU SHOULD KNOW ABOUT EMPLOYMENT CONTRACTS, returning from a layoff, fired due to vaccination status, and more on Season 6 Episode 10 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

Put on an unpaid leave of absence

I’ve been put on an unpaid leave of absence due to my vaccination status by my employer. Can they do this?

• Unpaid leave imposed by an employer: Employers are not legally permitted to put an employee on an unpaid leave of absence for any reason; it is virtually a termination. Employees can choose to accept an unpaid leave of absence or refuse it. Employees can treat the unpaid leave as a termination of employment and pursue their severance entitlements. Unionized employees are exempt from this, however, as well as employees who work in a sector in which there is a government mandate regarding vaccines.

Letting an older employee go due to performance reason

I have a 62-year-old employee who is making mistakes at work, and I think it’s time to let them go. How much severance should I expect to pay if they have been working for me for 5 years?

• Age discrimination in the workplace: Employers who wish to terminate employees without offering severance have to build a case against the employee, such as implementing warnings and disciplinary action. It is very difficult to terminate employees for cause. Employers who wish to offer adequate severance should consider employees’ full severance entitlements based on their age, length of employment as well as position.

Fired due to vaccination status despite getting first shot

I was told I had to be fully vaccinated against COVID-19 by a certain date. Unfortunately, I couldn’t get the second one until after the deadline. I was fired once the deadline hit. Do I have any rights?

• Vaccination policies in the workplace: Employees who have been let go due to their vaccination status are entitled to severance unless they work within a sector in which there is a government mandate. It is not possible to prevent employers from terminating employees however, it is possible to pursue wrongful dismissal and adequate severance entitlements.

5 Things you should know about employment contracts

• Better off NOT signing an employment contract: Employees often are unaware that is it in their best interest not to have an employment agreement in place. Extensive employment contracts protect employer rights and can limit an employee’s entitlements and rights.
• A termination clause in your contract: Employment agreements can try and reduce an employee’s future severance entitlements. In most cases, termination clauses are not enforceable however employees should still be cautious before signing an agreement. Employees who are unaware if the clause is enforceable should speak to an employment lawyer.
• Unilateral changes made to the terms of your contract: Employees who have set employment terms cannot have significant changes imposed upon them by their employer unless the contract allows for changes. Employers who have had significant changes imposed upon them can treat the changes as constructive dismissal.
• Forced to accept a new employment contract: Generally, employees should be wary before agreeing to sign a new contract if they have already been employed. New employment contracts typically seek to limit an employee’s severance entitlements as well as other rights. New employment agreements are created in order to protect an employer’s best interests.
• An employment lawyer can review your employment agreement: Employees who are unsure of the terms of their agreement can seek out legal counsel from an employment lawyer in order to determine their rights and next steps. Employees should always be mindful of the contracts they are signing.

Brought back after layoff into a different position by the new owner

I was brought back from a layoff and placed in a completely different department at the manufacturing company I worked at. A few months later they moved me again. Are they trying to push me out?

• Forced into a new role: Employees who have had significant changes imposed upon them, that have not experienced changes before, can treat the changes as constructive dismissal. Employers are permitted to let employees go if they wish to however, they have to offer an employee adequate severance pay. Employees should not resign and do their job to the best of their ability. Long-service employees can be owed up to 24 months of severance pay.
  • LEARN MORE ABOUT SEVERANCE PAY
    Severance Pay calculations for Alberta
    Ontario severance entitlements
    Maximum severance pay in B.C

Asked not to come back to work after training a young and new hire

I spent 6 weeks in hospital after a bad fall. When I returned to work, my employer asked me to train the younger guy I hired, who eventually took over my job. I have now been told not to come back to work.

• Accommodating an injury: Employees in this situation would have to determine whether or not they have been let go due to their medical condition. Employers cannot penalize or terminate employees as a result of a medical condition or illness as it is a human rights violation. Employees who have been let go for reasons that are not discriminatory can be terminated but will be owed their full severance entitlements.

Let go after being recruited by a new company

I was wooed by a competitor to join the company as a senior manager. After a year, they felt it wasn’t working out, and offered me 2 weeks’ pay. Is that a good deal? I’m 48 and made $120,000 in my first year.

• Severance for short-service employees: Short-service employees are often owed disproportionately more severance than long-service employees. Employees who have been recruited should note that if they are eventually terminated by their new employer,

NEXT EPISODE: Employment Law Show S6 E11 – 5 questions to consider before resigning

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