Employment Law Show 640 Toronto – S10 E02

Episode Summary

Vaccine policies, termination pay, social media in the workplace, and more on Season 10 Episode 02 of the Employment Law Show on Global News Radio on 640 Toronto.

Listen below as Employment Lawyer Alex C. Lucifero, Partner at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto, the GTA, Hamilton, London, and across Ontario on the Employment Law Show. Jon 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..

Listen to the Episode

Episode Notes

Has the latest wave of COVID-19 changed workplace vaccination policies?

Most workplaces do not have the support of a government mandate to enforce vaccinations in the workplace. Employers do not have the right to legally lay off or terminate unvaccinated employees without severance pay as a result of the vaccination status. Employers are obligated to provide a healthy and safe work environment for all employees and should be following public health guidelines.

I’ve worked at my job for over 3 decades as a supervisor and am in my late 50s. Due to my vaccination status, I was terminated despite the fact I work from home. What can I do?

Severance pay is based on a number of factors including the age of an employee and their length of service. Long service employees can be owed up to 24 months of severance pay by their employers. It is important for employers to determine whether or not their vaccination policies are practical and if there are other possible accommodations and changes that can be implemented in the workplace in order to ensure it is safe. Employers should note that terminating employees without offering adequate severance pay can lead to wrongful dismissal suits.

What documentation do I need to provide to my employer to ensure I am exempt from a vaccination policy?

Employees are unfortunately unlikely able to convince their employers to change their minds regarding a vaccination policy despite possible documentation. It is difficult, and almost impossible, to prevent an employer from implementing a vaccination policy. Employees will have to decide whether or not they are willing to lose employment over their vaccination status.

My employment contract, which I signed over a decade ago, did not include anything about a vaccine. This seems to be a major change to terms of employment. What are my rights?

Employment law and laws, in general, are evolving regarding vaccination. The pandemic and COVID-19 vaccination are considered novel circumstances. For some employees, external clients require vaccination regardless of their main employers’ vaccine policies. It is difficult for employees in this situation to navigate workplace policies and they should contact an employment lawyer in order to determine their legal rights and next steps.

Am I obligated to pay an employee who has resigned any severance pay?

Employers are not obligated to pay severance entitlements to employees who have resigned from their employment. Severance pay must be paid to employees who have been terminated. Employees who have resigned are owed compensation up until their last day of work as well as any vacation pay.

Can an employer fire an employee for using social media during work hours?

Employers are permitted to terminate employees for any reason as long as adequate severance pay is offered. Employers should remember that it is difficult to terminate an employee for cause unless there has been a progression of disciplinary action against an employee.

Do employees have the right to privacy regarding what they post on social media while at work?

As social media is public, anyone has the access to check and find an employee’s social media posts. Employees should be mindful of what they choose to post on social media particularly on company property, such as a company computer as employers have the right to access that information.

Should employees be concerned about what they say about their employers online?

Employees should be mindful of the nature of the information they share online regarding their employer, particularly if the employee is in a position of trust and power within their company. In some cases, employees who have been terminated as a result of their social media posts would still be owed severance pay.

What should employers do if their employee is using social media excessively?

Employers should have a workplace policy in place regarding internet and social media usage. Employers who feel their employees are misusing company time should have a procedure in place to reprimand and discipline the employees.

What is the statute of limitations regarding disability benefits and a mental health claim?

Employees who have experienced a workplace injury, which can include psychological injuries, have up to six months to apply for workers’ compensation. Claims regarding constructive dismissal and termination can be filed for up to two years after the date of termination or dismissal.

LEARN MORE ABOUT MENTAL HEALTH AND LTD
Invisible Illnesses and LTD
Anxiety Disorders and Long-term Disability 

What can employees do if they are being harassed by a co-worker online?

All employees are entitled to work in a harassment-free environment, whether that be online or in person. Employees can and should document incidents and report bullying to the appropriate departments and individuals at the workplace. Employers are obligated to investigate claims of harassment and work to actively resolve the issue.

My employer decided to cancel a bonus plan for all employees. What can I do?

A significant change in pay can result in constructive dismissal. Changes cannot be made without an employee’s consent, which can include a regular bonus that impacts an employee’s compensation. Employees need to determine whether or not the loss of a bonus is considered significant.

What should an employee do if their LTD has been denied?

Employees who are on medical leave should treat their employer and the insurance company as separate entities. Insurance companies make the decision regarding a claimant’s disability benefits claim. Unfortunately, many LTD claims are incorrectly denied and claimants should speak to a disability lawyer regarding their rights. Employers, however, cannot force an employee to return to work due to a denial of disability benefits. Employees should only return to work with their doctor’s support.

LEARN MORE ABOUT MEDICAL LEAVE
Employment Law Show – What to know about Medical Leave

What is the difference between an employee going off on medical leave or long-term disability?

For employees who have disability insurance coverage and are medically unable to work, are owed benefits by the insurance company. In order to receive benefits, an employee has to be deemed medically disabled from working by their treating doctors. Employees have to be put on a medical leave of absence by their employer, but it might not be paid for if the employer does not have disability coverage.

My former employer found out I am working for a competitor on the side and is threatening legal action. What can I do?

It is important for employees to consider whether or not they are in direct competition with their employer or if the field is unrelated. Employees should speak to an employment lawyer to determine their next steps and rights.