Employment Hour 640 Toronto – S7 E53

Returning from disability leave, exposure to harmful chemicals on the job, employment contracts and more in this episode of the Employment Hour.

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.

On This Episode:

Chapter 1:

Can my employer cut my hours after I return from a disability leave?

We spoke with a gentleman who had been on disability for over a year and was cleared by his doctor to return to work with no problems.  Upon attempting to return his employer informed him that they didn’t have the same availability for his position and was offered a part-time job until they could find full-time employment.  After a few weeks with no changes, he has grown concerned and doesn’t know how to proceed.  Could this be treated as a constructive dismissal?

Chapter 2:

Is my employer obligated to deal with workplace conflicts?

I am being forced to listen to a radio station at work that I don’t enjoy by a coworker.  I have tried to change the station and this gets changed back.  What are my employer’s obligations to step in with this situation?

Chapter 3:

Am I entitled to severance if my contract isn’t renewed?

We spoke to a contract worker who had been working with the same employer under this type of employment for the last six years.  When his last contract came up for renewal, he was told by his employer that they would be posting the position and not renewing his contract.  Is he entitled to a severance payment?

Chapter 4:

Can I be terminated from my position if I was charged for an accident?

I was let go from my job about a month ago.  I was hit by a vehicle in a parking lot, there were no real issues or damages, so we went our separate ways.  I was then served a summons stating that there was a warrant out for my arrest because the woman who hit me filed and claimed that I hit her.  I am a site supervisor and cannot have a criminal record at my place of employment.  I was terminated shortly after being charged for the accident.  I am currently fighting the decision in court and it is going well.  Am I entitled to any severance?

Chapter 5:

Is there anything I can do about company changes if I have already accepted changes in the past?

I was demoted as a result of restructuring at work.  I went from a management position to a supervisor position because my job was eliminated.  There is talk that there is further restructuring going on at the company and I am concerned that it will impact my position again.  Is there anything I can do now that I have already accepted changes to my position?

Chapter 5:

You can’t be let go from your job if:

• You cannot be let go for discriminatory reasons
• You cannot be let go for trying to enforce your rights
• You cannot be let go for being incorrect about your workplace rights
• You cannot be let go if you complain about workplace harassment
• You cannot be let go for any reason related to pregnancy or parental leave

Chapter 6:

Can my employer dock my pay for data charges on a company phone?

I am a salesperson with a company phone. I have gone over my data a few times recently and my employer is now threatening to deduct my data overage charges from my paycheque.  I use my phone a lot because I travel for business.  Can my employer dock my pay for the data overage charges on my phone?

Chapter 7:

Can I be let go for needing to take leave for personal reasons?

I have a friend who is employed by the provincial government.  She is currently going through a nasty divorce and has had to take many days off from work due to this and is now taking unpaid days when she needs time off.  Can our employer let her go due to these absences?

Chapter 8:

What should I do if I have been exposed to asbestos at my job?

On Monday I was exposed to asbestos during site work.  There was construction going on by another company to remove the flooring that had asbestos in it.  We contacted the construction company to determine if there was a risk and if it was going to be cleaned up properly.  What should I do if I think that I have been exposed to this at my job?

Chapter 9:

What can I do if I was terminated for cause due to rumors?

My daughter’s friend was just dismissed from her job during her summer employment.  She was being harassed at the workplace and to alleviate the issue they moved her to a different position.  They then let her go for wrongful judgment because someone spread rumors about her going out to lunch with the person who she claimed was harassing her.  Are they allowed to terminate her with cause for this?

Chapter 10:

Can my employer make changes to my commission structure?

I have been working with the same company for 17 years as a salary and commission worker.  Last year the company instituted a new policy where they withhold a portion of our commission.  They’ve added new technology to use with the position and it’s been difficult.  Can my employer make these changes without our agreement?

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.