Employment Agreements & COVID-19 | Employment Law Show TV – S5 E2

Episode Summary

EMPLOYMENT AGREEMENTS DURING THE COVID-19 PANDEMIC, freelancers, bad reviews, increased workload, and more on Season 5 Episode 2 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

Recalled to increased workload

Can my employer increase my workload after calling me back to work from a COVID-19 temporary layoff? I am now doing the work that my coworker used to do.

An employer does not have the automatic right to increase an employee’s workload when they are recalled from a layoff. When brought back from a COVID-19 temporary layoff, a worker must be returned to the same job, duties, hours and pay they had before the layoff. It is illegal for an employer to do otherwise. If changes are made to the job, the employee may be able to pursue constructive dismissal. This would result in the termination of employment, where the employee would receive a severance package.

Segment starts at 2:12

Frustration of contract, no return from LTD

Can my employer fire me if I can’t return to work from a long-term disability leave? They are offering 15 weeks of severance after 15 years of employment.

An employer cannot fire an employee if they fail to return to work from a long-term disability leave. The only exception is if there is a “frustration of contract.” Beyond that, a termination of this type would be a human rights violation.

The employee’s severance package is also extremely low, and additional months of pay are owed. In this case, the employee has been wrongfully dismissed, and should contact our team to pursue full severance pay under common law.

Segment starts at 5:36

Fired after one bad review

Can my employer fire me after one bad performance review despite years of positive reviews? Coworkers have been let go under similar circumstances.

One bad performance review alone is likely not enough to trigger a legitimate termination for cause. This is especially true if there is a history of positive performance reviews. In this case, the employee’s dismissal would be one without cause, and appropriate severance pay would be owed.

Segment starts at 9:20

Employment Agreement Facts During COVID-19

1️⃣ What are employment agreements, and why are they important?

An employment agreement governs the terms of an employee’s employment.

Segment starts at 12:42

2️⃣ Do verbal agreements hold as much weight as a written contract?

It is better for an employee to have a verbal employment agreement rather than an employment contract in some cases.

Segment starts at 14:22

3️⃣ Can a termination clause in an employment agreement impact severance?

A termination clause can limit your future severance, though it may not always be enforceable.

Segment starts at 15:48

4️⃣ Does an employee have to sign a new agreement if their current employer asks them to?

An employee does not have to sign a new employment agreement. A worker cannot be punished for refusing to sign a new agreement.

Segment starts at 17:14

5️⃣ I never signed an agreement when I started working. Should I ask to sign one now?

An employee should not ask for an employment agreement if they don’t have one, as they may give up some of their rights.

Segment starts at 18:35

6️⃣ What should people do before they sign a new agreement as part of a new job?

Have an employment lawyer review an employment agreement before signing it.

Segment starts at 19:24

Pay increase rolled back

I was moved to a higher-volume store, with a pay increase, due to COVID-19. However, I was recently moved back to a lower-volume story and the increase was rolled back. Are they able to do that?

It is illegal for an employer to significantly reduce an employee’s pay, unless thoroughly allowed through an employment contract or approved by the employee. A pay cut can trigger a constructive dismissal, and lead to a termination with severance pay.

Segment starts at 21:07

Severance pay for freelancers

I’ve been working for 25 years as a freelancer, predominantly for one company. I usually put in 25 hours per week with them, using their business cards and email. If they decide not to use me anymore, am I owed severance?

An employee who has worked for a long period of time as a freelancer for one company is likely an employee. If the company decides to part ways with the individual in this scenario, the freelancer would most likely be owed full severance pay.

Segment starts at 24:24

Severance pay during COVID-19

My father’s employer told him that they may need to let him go permanently due to COVID-19, and that if they do, they are not required to pay him severance. He’s been with them for 27 years. Are they correct?

There is no law that allows an employer to avoid paying severance following a termination during the COVID-19 pandemic. Employment laws have not been suspended due to the outbreak. In fact, workers may be entitled to larger severance packages if it is more difficult to find work during the pandemic.

Segment starts at 27:36

NEXT EPISODE: Employment Law Show S5 E3 – Duty to Accommodate in Canada

PREVIOUS EPISODE: Employment Law Show S5 E1 – Temporary Layoffs During COVID-19