Employment Law Show 580 CFRA – S2 E19

Summary

When demotions are illegal, severance for short service employees, medical leaves of absence and more on season 2 episode 15 of the Employment Law Show on Newstalk 580 CFRA in Ottawa.

Alex Lucifero is an employment lawyer in Ottawa and Managing Partner at Samfiru Tumarkin LLP. He reveals your workplace rights in Ontario on the Employment Law Show. Alex shatters myths and misconceptions about severance pay, terminations, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, and more.

What We Covered

Middle Manager demoted after unexpected performance review

3:23 – A middle manager with 10 years of service at a company was unexpectedly told by her employer that they were unhappy with the way she was managing her department. It was the first time during her career that she had been flagged for performance issues. She was immediately demoted from a management position, losing her managerial duties, salary, and title. The employee believed that she had performed to the best of her abilities and did not deserve to have the terms of her employment changed.

She contacted our Ottawa employment lawyers and learned that she had experienced a constructive dismissal. Unless otherwise stated in an employment contract or through another agreement between employee and employer, a company is not allowed to make a change to a worker’s job. If that does happen, the employee can resign from their job with full severance pay.

An employee who is threatened with a significant demotion has the right to refuse to accept the demotion if it is completely without merit. If the employer reacts by terminating their employment without providing adequate Ontario severance pay, the employee would be able to claim wrongful dismissal.

My dental benefits were cut off after age 65. Can my employer do that?

8:56 – A caller’s father is a driver with the City of Ottawa. He recently lost his dental benefits at the age of 69. The caller wondered if the recent case of Talos v. Grand Erie District School Board would have any impact on his situation. His father field a grievance through his union.

Alex said that many insurance policies contain fine print that state that the insurance company can stop providing certain benefits after the individual reaches a certain age. Long term disability benefits are often cut off once somebody turns 65.

Severance Pay and Short Service Employees

14:03 – There is a misconception that short service employees are entitled to very little severance pay when they are fired by their employer. The common belief is that somebody with one or two years of service at a company are owed a mere one or two weeks’ pay per year worked.

Alex shared the story of a 50-something-year-old manager with over one year of service. When he was fired without cause one day, he was offered seven weeks of severance pay, which he believed was more than fair. Alex explained why several factors intertwined to result in a 4 – 5 month severance package.

How long can somebody be away from work for a medical reason?

17:42 – The length of time an employee can be off from work on a leave for medical reasons depends on a number of factors. The law says that as long as there is a reasonable expectation that the employee will eventually return to work, the employer must allow a medical leave and permit the employee to return to work.

Does an employer have the right to ask an employee for their medical information?

20:49 – An employer does not have a right to an employee’s medical information or their specific diagnosis. This is information that an employer does not need to know. On the other hand, an employer does have a right to know what a worker’s prognosis is – that is, how long an employee will need to be off on a medical leave. An employee should readily share this information from their doctor with their manager.

What happens to an employee’s job while they are on a medical leave?

25:51 – When somebody takes a medical leave, their employment status should not change. They should continue to be recognized as an employee, and their job should remain open and available to the employee so that they have the ability to return to the workplace when their health improves.

I resigned after I discovered potentially illegal accounting practices at the company. Am I owed any severance pay?

30:15 – I was headhunted and hired by a company to help them grow their business. A year after I was hired to a sales position, I was promoted to general manager. Shortly after this promotion, I reviewed the company’s financial records and discovered that they were using immoral and possibly illegal accounting tricks. After I made this discovery I confronted the individual who hired me and resigned from the job.

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 Ottawa employment lawyer.

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