Employment Hour 640 Toronto – S7 E56

Summary

New termination clauses, weekend shifts, temporary layoffs, insulin injections, fired as an “independent contractor” and more in this episode of the Employment Hour.

Jon Pinkus is a Toronto employment lawyer and associate at Samfiru Tumarkin LLP. He reveals your workplace rights in Ontario on The Employment Hour. Lior shatters myths and misconceptions about severance pay, terminations without and for cause, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, independent contractors, temporary layoffs and more.

What We Covered

• 1:13 – Why a termination clause in a new policy handbook may not be valid when an employee is let go with a severance package.
• 4:20 – My wife has worked Monday to Friday for 15 years. She is now being asked to work Saturdays every so often. Is that legal or a case of constructive dismissal?
• 7:21 – I’m a diabetic. For the past 20 years I have taken insulin at my desk a few minutes before lunch. Somebody complained, and I was forced to get injections at a place that took 6 minutes to get to. My employer wants me to punch off the clock while I’m getting my insulin shots. Are they allowed to do that or is that a human rights violation?
• 10:15 – My daughter was employed at a pizza restaurant for 8 months when she was let go without severance pay. Is she entitled to anything?
• 13:30 – I am going through a discovery process with my lawyer. How long does a discovery usually take?
• 15:53 – I was a project coordinator at a construction company for 7 years. They want to let me go because they don’t have enough work. But because I’m an independent contractor, I’m not owed any severance pay… rights?
• 19:01 – I’m a truck driver in Brampton, working for a company in New Brunswick. I’m paid overtime after 60 hours, due to federal rules. After 60 hours, I only get paid time-and-a-half. Does that sound right?
• 25:21 – What is a Temporary Layoff and how does it differ from a regular termination of employment?
• 26:13 – Is an employer allowed to lay off an employee temporarily?
• 26:58 – In what cases are temporary layoffs valid?
• 28:25 – My wife is a social worker. She started developing pain in her knee and took sick leave. She was eventually let go. Does she have a case? Pinkus discusses the duty to accommodate.
• 31:42 – How much is severance is somebody who has been temporarily laid off entitled to?
• 33:54 – My employer wants me to start working on weekends, which I’ve never done before. Do I have to agree to this?

Experiencing an Employment Issue?

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Call 1-855-821-5900, email Help@EmploymentLawyer.ca or fill out a contact form to get help now from an employment lawyer in Toronto.

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