Employment Hour 640 Toronto – S7 E16

Summary

Toronto Employment Lawyer David Vaughan, partner at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto, the surrounding GTA, Hamilton, London and across Ontario. David shatters myths and misconceptions about employment law, and discusses severance pay, terminations, workplace harassment, overtime pay, wrongful dismissal and other areas concerning your workplace rights.

What We Covered

– WEEK THAT WAS #1: An employee with 12 years of service was paid a base salary plus commission for regular work. When he was let go, his employers said he was not owed any severance, because he had signed a contract that declared he was an independent contractor. David explains why a contract cannot determine whether somebody is an employee or an independent contractor.

I signed a contract that said I am an independent contractor. Am I owed severance pay if I am let go?

– CALLER: I just started a new job as a manger, where I am paid a salary. My coworkers say that we’re not owed overtime pay if we work overtime. Is that true?

– CALLER: I want to start a business. Do I need WSIB coverage for my company?

– WEEK THAT WAS #2: An employee was given 3 months of working notice. The employer extended the notice period multiple times, without advanced warning to the employee. What happens if an employer keeps extending the working notice period?

– CALLER: I was fired by a trucking company almost two years ago, after 7 years of employment. After a small accident while driving a transport truck, I was fired. Am I owed severance pay? Was I terminated for cause?

– CALLER: I’ve been off work for many weeks due to an injury. I just discovered that they hired somebody to do my job. They’ve also changed the hours of my job. Can they change the hours of work and hire somebody to temporarily replace me? What happens if I want to return? What is the employer’s duty to accommodate?

– CALLER: My daughter works part-time for a large company. She had a doctor’s appointment booked, which was rescheduled due to a snow storm. Her manager doesn’t want to give her the time off. What should she do? Does she need a doctor’s note?

– CALLER: My husband’s hours of work were reduced drastically at the family business he worked at. He eventually quite due to stress and picked up a job elsewhere. What are his rights? David explains why this would constitute a constructive dismissal.

– CALLER: I am undergoing a performance review. If the review comes back with a verbal warning, should I sign it?

– CALLER: My son works at a fast food restaurant. He was accused of smoking marijuana in his car. They made him sign a substance abuse policy on the spot, despite the fact that he disagreed with it. Will this affect his chances of becoming manager. Should he submit a protest in writing?

– CALLER: My son works at a small business. His coworkers have taken extended vacation time. Does this set a precedent for other employees? Does give my son the ability to take more vacation days than he is actually allotted?

– CALLER: The company I work at will be closing in a few months. Will I be owed severance pay after 2 years of service? What is a “minimum buyout”?

– CALLER: My wife is on maternity leave and plans to return in a month. Before she left, she had completed four consecutive maternity leave fill-in roles at the company, with an increasing amount of pay. When she returns, she will be returned to her original position with her regular amount of pay. Is that right?

– CALLER: I have worked at the same company for 10 years through a Temporary Help Agency. The company just implemented a new program that will end my employment there, and they will give me working notice. Would I still be owed severance pay as a temporary help worker?

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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