Employment Hour 640 Toronto – S6 E84

Summary

Canadian Employment Lawyer Lior Samfiru, founding partner at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto, the surrounding GTA and across Ontario. Lior shatters myths and misconceptions about severance pay, terminations, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, and more.

What We Covered

WEEK THAT WAS #1: a woman had worked as a bookkeeper for a number of years. New management told her that she would be let go once they found, and she had trained, her replacement. Lior explains why she can treat this situation as a constructive dismissal.

WEEK THAT WAS #2: An employee wanted to take a 4 month Paternity. At the request of his employer, he only took 2 months instead. During this time, his employer repeatedly expressed his displeasure. After his return, he was treated poorly. Lior explains why constructive dismissal played a roll in this case.

CALLER: I have been working full-time with off days on Mondays and Thursdays for the last 2 years. My employer wants me to start taking Saturdays and Sundays off instead. Can they force me to change my schedule?

CALLER: I have been given a truck as the company vehicle, which I drive to and from work, but I am only paid while I am on site. Should I be compensated for travel time as well?
PROBATIONARY PERIOD: In employment law, what is probation?

CALLER: I am in landscaping construction. Our employer paid us statutory holiday pay, but now wants us to repay him, claiming that we are not entitled to holiday pay or overtime pay. Is he right, and do we have to pay him back?

PROBATIONARY PERIOD: Is probation automatic when a new employee is hired?

PROBATIONARY PERIOD: How long can a probation be?

PROBATIONARY PERIOD: Does it make sense to put an employee on probation beyond 3 months?
PROBATIONARY PERIOD: If an employer is not happy with an employee’s performance during probation, what should they do?

PROBATIONARY PERIOD: Can a probation period be extended?

CALLER: I have been given an offer on a sales position from another company, but it includes a 2 year, 100 km non-compete clause. Is this non-competition clause enforceable?

CALLER: My son works a full-time hourly midnight shift. However, when they run out of material, they will send him home with only 3 hours’ pay. Is that right?

CALLER: I was just let go today. I’m 60, and worked at the company for 20 years in a sales position. Did I receive a fair severance package?

CALLER: I was let go, and offered 2 weeks’ severance pay. However, I was held on for 3 additional weeks to cover some shifts. I have not yet received that severance pay. What should I do?

CALLER: I work at a call centre in sales. They say I’m not meeting sales targets, but the targets are unrealistic. They say I need to improve, or I’m done. Can they let me go for cause?

Experiencing an Employment Issue?

Before you call a lawyer, use the Pocket Employment Lawyer to find out if you might have a case.

Use The Severance Pay Calculator to find out how much severance pay you may be owed upon termination.

Call 1-855-821-5900, email Help@EmploymentLawyer.ca or fill out a contact form to get help now from a Toronto employment lawyer.

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