Employment Hour 640 Toronto – S7 E43

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

Fired via text, sick day rights, changes to work location, job security while on stress leave, how to talk to your employer about an addiction and MORE on The Employment Hour.

Chapter 1:

Can I be terminated for cause for taking sick days?

An employee of a car manufacturer was repeatedly given notice letters for taking sick days per doctor’s orders.  The company’s policy was to reprimand any employee who took a sick day and would give them warning letters regardless of the situation or documentation.  After taking time off to deal with health issues at her doctor’s request, an employee was fired for cause because of her sick days.

Chapter 2:

Can filing a harassment complaint be grounds for termination?

A caller seeking advice about harassment issues in the workplace made a formal complaint with HR, per Lior’s advice.  He was approached by his manager and terminated because he “couldn’t get along” with his co-worker.

Chapter 3:

Can my employer terminate me via text message?

I worked as security for 17 years.  At my last company, I was texted by my employer asking for my equipment back.  I wasn’t given any reason or explanation for my termination.  I started as a security guard and moved up the ranks to an operations manager.

Chapter 4:

Can my employer change the terms of my employment agreement after I moved to a new country to start the job?

My wife was sponsored from Switzerland to be a caregiver, she was promised 40 hours per week before leaving.  When she arrived, she was told they would only pay her for 30 hours per week instead.

Chapter 5:

What is overtime entitlement for truck drivers?

I have been working as an hourly paid truck driver for just over a year.  Apparently, overtime doesn’t start until after I hit the 60-hour mark in a week, is this correct?

Chapter 6:

What are my rights if I need to take extra sick days?

There are 3 sick days, 2 behavioral, 2 family emergency days.  What happens if you need more than those?

Chapter 7:

Can my employer send me for a medical assessment with their doctor?

I have been working at my company for the past 10 years.  My employer has been accommodating my health issues by allowing me to work the afternoon shift instead of overnight.  The company has recently asked me to see their doctor for an assessment, and if their doctor disagrees I will be put on unpaid leave.  Can my employer do this?

Chapter 8:

Does my severance entitlement change if I have been transferred to a new location?

I have been employed for 19 years at the same chain of stores and have been moved between different locations.  I only received 3 weeks severance when I was terminated, my employer told me that this was because I had only spent 3 years at a specific location.

Chapter 9:

What are my rights if my employer has changed the duties of my position?

My employer has been adding some roles to my regular duties against my wishes.  I asked for a raise to reflect these changes but was shot down.  Do I have grounds to claim constructive dismissal?

Chapter 10:

What should I do if my employer wants me to sign a new employment contract?

I have been employed by my employer for 15 years.  I have never been asked to sign a written employment agreement until last month, I was asked if I wanted to change departments and was told I have to sign a new agreement to do so.  Should I be concerned about this?

Chapter 11:

Can my employer refuse to pay severance if I hire a lawyer?

I was just given a severance letter for 12 weeks after 4 years at the company.  They told me that if I hire a lawyer that I will not receive anything for doing so.  Can they do that?

Chapter 12:

Do I have to return to my position after taking stress leave?

I have been off on stress leave for 2 months but don’t want to return to work because of how I am treated. Is there anything I can do?

LEARN MORE
• Ontario stress leave and employee rights

Chapter 13:

Am I entitled to severance pay as a part-time worker?

I have been working for my employer for the last year.  I am considered part time because I work 30-35 hours a week.  They will be letting me go soon, am I still entitled to severance as a part-time employee?

Chapter 14:

How should I deal with addiction with my employer?

I have been struggling with a drinking problem over the last year and I think my employer has started to suspect this.  I am worried they might let me go because of this, is there anything I can do about this?

Chapter 15:

When is an contract worker an employee?

I brought a worker on to do siding and he ended up continuing to work with us.  He bills me weekly depending on his work and I pay him weekly.  I am concerned that he may not actually be a contract worker after listening to your show.  Is he a contractor or an employee?

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.

Denied Long Term Disability? We Can Help.

Discover your rights when your Long Term Disability Claim is denied. Find out more here.

Denied Long Term Disability? We Can Help.

Discover your rights when your Long Term Disability Claim is denied. Find out more here.