Employment Law Show 580 CFRA – S2 E20

Summary

What your employer ISN’T allowed to do, the truth about Overtime Pay for salaried employees and more on season 2 episode 16 of the Employment Law Show on Newstalk 580 CFRA in Ottawa.

Employment Lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP, reveals your workplace rights in Ottawa in Ontario on the Employment Law Show. 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

Why you need to look beyond the Record of Employment

2:17 – An individual lost their job. They contacted Lior because they were concerned with how their employer filled out their Record of Employment. The individual was worried that because of the improperly filled out ROE, he wouldn’t be able to access Employment Insurance.

When Lior spoke to the individual, he realized that the real issue wasn’t with the ROE – it was the fact that they had been wrongfully dismissed. Their employer had paid the individual 3 weeks’ of severance pay, instead of the many months of pay they were actually owed.

Can I collect unpaid overtime owed by my former employer?

5:05 – An individual has quit her job after working unpaid overtime for many months. Despite multiple promises to pay her for working the extra hours, her employer never followed through on that pledge. She asked Lior if there is a way to collect the overtime pay that is owed to her.

Lior explained that for both hourly and salaried employees not in a managerial position, overtime pay in Ontario kicks in after a person works 44 hours per week. An employer has not choice but to pay the employee for the overtime hours worked past that 44 hour per week limit. If an employer fails to pay an employee for the overtime hours worked, the employee can claim constructive dismissal, leave that job and collect severance pay.

How is overtime pay for salaried employees calculated?

7:23 – It is fairly easy to calculate the amount of overtime pay a salaried employee is owed per hour of overtime worked:

• Look at your weekly earnings (For an example, let’s say it’s $1,000)
• Divide those earnings by 44 to get an hourly rate ($1,000 divided by 44 is roughly $22.70 per hour)
• Take your hourly rate and multiple it by 1.5, or time-and-a-half, to get your overtime rate of pay ($22.70 multiplied by 1.5 equals $34.07 per hour of overtime pay). This is the amount of pay you should receive per hour when working beyond 44 hours per week.

PocketEmploymentLawyer.ca and when You Should Use It

8:28 – Lior Samfiru and John Scholes discuss the Pocket Employment Lawyer and why the interactive resource should be the first thing you consult if you lose your job, changes are made to your employment, something happens in the workplace or your long term disability claim is denied or cut off by the insurance company in and around the Ottawa area.

Are there limits to what my employer can make me do at work?

11:21 – An employer can assign work to an employee, but only if that work falls within the specific parameters of the employee’s job description. What an employer is not allowed to do is make significant changes to the employee’s job. A significant change could be a demotion in job title or reduction or change in the employee’s job description or duties. If an employee makes changes in those areas, they could be liable for a constructive dismissal claim from the employee.

Can an employer make an employee resign from their job?

14:29 – A resignation is valid only if the employee chooses to resign without influence from their employer. A resignation is not voluntary if an employer forces an employee to give up their job. An individual’s employment could be seen as being terminated if they were forced to leave the company. In that case the employee is allowed to obtain their full severance pay in Ontario.

Find out if you can retract a resignation.

Can an employee be placed on a temporary layoff?

19:10 – A temporary layoff is a termination. An employer can’t put an employee on a temporary layoff for any period of time, unless they receive express permission from the employee or the layoff was agreed to in an employment contract. An employee that has been temporarily laid off can contact us to obtain their full termination pay.

Can my employer make me come back to work contrary to my doctor’s opinion?

22:33 – Lior explained that an employer cannot force an employee to return from a medical leave. An employee must follow their doctor’s advice. If your doctor says that you are not ready to return to work, you must remain on a medical leave. It is not up to your employer to decide when you are healthy enough to jump back into the workplace.

Can my employer punish me for reporting workplace harassment?

30:56 – An employer has a strict legal duty to protect you from harassment in the workplace. If you are experiencing harassment in the workplace, your employer must eliminate the problem to make the atmosphere more accommodating for you and other employees. All employees have the right to work in a healthy and supportive work environment.

You must tell your employer about harassment in the workplace. You cannot be let go or punished in any way if you complain about harassment, even if your complaint turns out to be false.

Can an employer change the termination from a “without cause” termination to a “for cause” termination after the employee has been fired?

33:51 – A caller to the show has just been terminated from his job. His employment agreement has a termination clause that outlines a minimum number of weeks for severance. He believes that the employer may try to build a termination “for cause” case against him. If they succeed, the employer doesn’t have to provide him with a fair severance package.

Lior told the caller what his employee rights are in this situation, and that he needs to contact the firm’s Ottawa Employment Lawyers for further assistance.

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 a Ottawa employment lawyer.

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