Employment Hour 640 Toronto – S7 E36

Summary

Canadian Employment Lawyer Lior Samfiru, founding partner at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto, the surrounding GTA, Hamilton, London 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

Reprisals, severance packages, how to start a constructive dismissal claim, maternity leave and medical leave rights, subcontractors and vacation pay, subcontractors vs. employees and MORE on The Employment Hour on Global News Radio 640 Toronto and 980 CFPL in London.

Chapter 1:

Do I have to accept a job in a new department if I have physical limitations?

On The Week That Was, Lior discusses the case of a machine operator who was transferred to a new department. He couldn’t perform the new task due to medical limitations. Despite obtaining a doctor’s note, his employer told him they would not accommodate him in the workplace. Lior discusses an employer’s duty to accommodate and Constructive Dismissal in Ontario.

Chapter 2:

Can my employer put me in a new job when I return from Maternity Leave?

On the second Week That Was, an employee was told that she would not be allowed to return to her old job upon her return from a Maternity Leave, but would be put in a similar job at the same pay. The employee refused to accept the job, and was fired. Lior explains what a Reprisal is.

Chapter 3:

The Worst Time to Terminate an Employee: When an employee asks about taking a Disability Leave or comes back from a Disability Leave

Chapter 4:

The Worst Time to Terminate an Employee: When an employee inquires about overtime pay, vacation pay, holiday pay, maternity leave – your legal rights.

Chapter 5: CALLER

Is my employer allowed to increase my workload without giving me a promotion?

The caller’s wife took over the manager’s workload, but she hasn’t actually been promoted to the position of manager. Her supervisor keep promising to promote her, but they haven’t done so for over a year. Lior talks about the importance of getting everything in writing.

Chapter 6:

The Worst Time to Terminate an Employee: If the employee is working on a fixed-term contract that has not ended.

Chapter 7: CALLER

How do I start a constructive dismissal claim?

Chapter 8: CALLER

Does my time at a previous company count toward my severance?

I applied for a job. They didn’t call me back until seven months later. If I am fired from the new job, will my severance be based on my time at the old job?

Chapter 9:

The Worst Time to Terminate an Employee: When an employee announces their pregnancy or comes back from a maternity or paternity leave.

Chapter 10: CALLER

Are subcontractors owed vacation?

I work for a trucking company as a subcontractor. Am I owed any vacation or vacation pay?

Chapter 11: CALLER

I am a delivery driver for one company. Am I actually an employee?

Chapter 12:

The Worst Time to Terminate an Employee: When an employee raises harassment allegations against the boss or coworker.

Chapter 13:

The Worst Time to Terminate an Employee: Right before an employee is due a large bonus or commission payment.

Chapter 14: CALLER

Can I take a medical leave if my doctor tells me to?

My doctor says I have health issues related to stress at work. My doctor gave me a note that says I need to stay home to recuperate. Is my employer required to pay me while I am off on a medical leave?

Experiencing an Employment Issue?

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 an employment lawyer Toronto.

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