Employment Hour 640 Toronto – S7 E44

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

Chapter 1:

What are my rights when returning to work after medical leave?

Gentleman was offered 2 years for medical leave.  After 2 years he was ready to return to work and told his employer.  He was told they didn’t have a position for them at the time and they would get back to him about finding somewhere for him to work.  After 1 year he didn’t hear anything back about his employment.  What are his entitlements?

Chapter 2:

Am I required to provide my employer with a doctor’s note?

I had a doctor’s appointment a few weeks ago and didn’t get a note about it.  I told him that I went there, my boss asked me for the doctor’s name and number so they could contact the doctor for proof of my visit.  They have asked me to draft a note to send to the doctor to give them permission to contact him for confirmation.  Should I do this? Can I be fired for not producing a doctors note?

Chapter 3:

Are salary workers entitled to overtime pay?

An employee worked 50 – 60 hours per week every week for 10 years and never received overtime.  His employer told him that as a salaried worker he wasn’t entitled to overtime pay.  After hearing the show he discovered his entitlements and that he was, in fact, owed overtime for the past 10 years.

Chapter 4:

• What happens when you go on disability leave?
• What issues do you see when it comes to disability leave?

Chapter 5:

Am I owed severance if I was fired for refusing to perform duties that were not part of my position?

I worked for a company in IT doing server setup.  I was employed as a contractor and had been doing it for 12 years.  My boss asked me to fire another employee and I refused, stating it wasn’t a part of my position and was fired along with the other employee as a result.  Am I owed any severance for this?

Chapter 6:

If someone must be away from work for medical reasons, what do they need to do?

Is there a length of time that an individual can be away from work for medical reasons?

Chapter 7:

If you have a settlement where you are owed severance and you go to get your severance from the company.  What happens if the company refuses to pay you?

Chapter 8:

• What happens if someone is off for an extended period of time?
• Does it matter if the company has a disability plan?

Chapter 9:

Is an employer required to pay out any remaining salary of an employee who has passed away?

My boyfriend died last September of liver failure.  He was working as a contractor at the time and was still owed a week and a half of pay after he passed away but his employer refused to pay.  Does an employer have to pay the remainder of his pay?

Chapter 10:

My company has recently changed owners, there have been problems with my salary.  How long should I wait before pursuing the matter legally?

The company I worked for declared bankruptcy and was bought out by a new company.  Since the company has changed hands they haven’t paid my salary properly and they changed my listed start date to January of this year. I have worked for the company for 30 years. How long do I have to give my employer to get these things right?

Chapter 11:

Do I have to pay staff severance if I am retiring and closing my business?

I have a secretary that has been with me for more than 20 years and I am planning to retire.  When I retire what are my obligations for paying out her position?

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 Ontario employment lawyer.

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