Employment Hour 640 Toronto – S7 E49

Employment Lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP, reveals your workplace rights in Ontario on The Employment Hour. 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

Can an employer discipline or terminate an employee with just cause for not working on their days off?

A gentleman works irregular days and has scheduled days off. On his days off his employer expects him to be accessible by answering work calls and responding to customers. When he is not available during his days off his employer disciplines him and threatens to terminate him. Can an employer demand their employees to work on their days off?

Chapter 2 

If HR neglects a sexual harassment complaint made by an employee, can this constitute constructive dismissal?

A woman found herself being a victim of sexual harassment in the workplace. She reported the verbal and physical harassment to HR and asked them to do something about it. HR implemented a policy outlining what is acceptable in the workplace and what is not, however, nothing else was done to prevent the incident from reoccurring. Is HR at fault for not taking measures to fix this serious issue? Can this lack of attentiveness constitute constructive dismissal?

Chapter 3

Common workplace problems that you can try resolving yourself:

• What do you do when you find yourself in a situation where you’re experiencing harassment by a colleague?
• How do you react if the person you report to is the person harassing you?
• How do you respond to issues concerning overtime pay?

Chapter 4 

Can you be compensated for years of unpaid vacation pay?

I have worked with the same company for 25 years. In the past 10 years, my employer stopped paying employees’ vacation pay. A year ago, the company was bought out and the new company is paying us vacation time moving forward. Can I receive compensation for years that I have not been paid for my vacation time? Is there anything they could do?

Chapter 5 

Common workplace problems that you can try resolving yourself:

• How do you address changes in work hours or days of work?

Chapter 6 

Are employees working in the horticulture/agriculture industry entitled to overtime pay?

Chapter 7 

Common workplace problems that you can try resolving yourself:

• How can you react to an unfairly negative performance review?
• What do you do if your employer is giving you a hard time when you’re trying to take time off for medical reasons?
  • Can the employer demand information about your specific medical condition?
• How do you respond to your employer if they ask you to resign?

Chapter 8 

What can you do if your employer terminates you because you can only perform modified duties due to an injury?

I was involved in a car accident 5 years ago. The insurance company informed my employer that I can only return to work on modified duties. My employer decided not to take me back. Is there anything I could have done?

Chapter 9

Can I refuse certain additional responsibilities if I have already accepted others?

I drive a truck for a living, the company I work for asks me to come in on weekends to do some of the dispatching work.  Now they asked me to perform dock work at night and I don’t want to accept this. Can I refuse the dock work now that I have accepted other additional responsibilities?

Chapter 10

If I am hired as a driver and I am uninsurable due to my driving record, would I be entitled to severance?

I was employed as a dump truck driver. It was a seasonal job.  The company couldn’t get insurance coverage for me due to my driving record. I was terminated with no severance offered as a result. Should I have been offered severance as someone who operates a heavy truck?

Chapter 11

What can I do if my employer keeps threatening to terminate me?

An employee has been receiving emails from his employer saying that he is “on the chopping block”. The employer has created a situation that makes it difficult for the employee to continue working. Can this constitute constructive dismissal?

Chapter 12

What do you do if your employer is asking you to sign a new employment agreement that you do not want to sign?

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.

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