Employment Law Show 640 Toronto – S10 E04

Episode Summary

Vaccine mandates, a break in employment, employment red flags, and more on Season 10 Episode 04 of the Employment Law Show on Global News Radio on 640 Toronto.

Listen below as Employment Lawyer Chris Justice, Associate 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, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, independent contractors, and more.

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Episode Notes

Has the Ontario government changed its stance on vaccine mandates for workplaces?

There are currently very few mandates in Ontario that would allow employers to enforce vaccinations in the workplace and mandatory testing. Despite the lack of government support, employers have decided to impose their own vaccine policies and terminate unvaccinated employees often without any severance pay.

There were 2 breaks in my employment with my former employer in which I was let go and then asked to return. I’ve finally been terminated. What does this mean for my severance?

The length of employment of an employee does factor into an employee’s future severance entitlements. Employees who have been brought back from a break in employment and are not required to sign a new contract and are treated as if they never left, could have an argument for a continued length of service. Employees who are unaware of their next steps or rights should speak to an employment lawyer as it is not in their best interest to assume their prior years of employment are not accounted for.

Despite many stellar performance reviews, I was put on a performance improvement plan. What should I do?

A performance improvement plan is often implemented by employers in order to begin building a case against an employee for an eventual termination for cause. Employees who are put on a performance plan and do not agree with the critique should voice their disapproval in writing but continue to follow instructions given by their employer.

My daughter has been employed for over 10 years. She’s worried she will be laid off and eventually shut the company down. She’s worried she will lose her severance entitlements.

Employers do not have the right to lay employees off without their consent. Consent can be given in an employment contract or an employee can consent to a layoff in writing or in a verbal agreement. Employers who have laid off employees could be viewed as terminating employees. Employees who are worried about their future severance entitlements should contact an employment lawyer as soon as possible in order to determine their next steps and not lose their rights to severance pay.

My employer has given me a lot of my co-worker’s responsibilities and I’ve been moved to a further office location. Can they do this?

Employers do not have the right to impose significant changes to the terms of employment without an employee’s consent. A major re-location and escalation of duties that have not been previously agreed upon can lead to constructive dismissal if an employee refuses to accept the changes. It is important for employees not to let too much time pass before rejecting the changes as employers could take an employee’s silence as implied acceptance.

After a few years of employment, my boss asked me to sign a new contract. Should I sign it?

Signing a new employment agreement is typically a red flag for employees as new contracts often contain termination clauses that can limit an employee’s rights to severance. Employment contracts better protect an employer’s rights and are not usually in an employee’s best interests. Before signing an agreement employees should speak to an employment lawyer.

I’ve asked my employer to investigate several incidents of harassment from a co-worker but nothing has been done. What should I do?

All employees are entitled to work in an environment free of harassment and abuse. Employees who have experienced bullying and harassment should document all incidents of abuse and file a complaint with the appropriate department at their workplace. Employers have an obligation to investigate all claims of harassment and resolve the issue. Employees who feel their complaints have not been addressed are within their rights to file a complaint with the Ministry of Labour and could consider their employment constructively dismissed.

My boss fired me and let me go for cause as they said I was “unfit”. Is this right?

It is very difficult to establish an accurate termination for cause and employers often incorrectly terminate employees for cause. Employees have to have exhibited serious misconduct in order to be terminated for cause, such as assault or theft and fraud. Employers have to be able to prove that there are no alternative measures or discipline other than termination and an employee is no longer able to continue working at the company.

I was laid off after undergoing major surgery despite being promised a return to work by my employer. What are my rights?

Employers cannot legally terminate or lay off employees as a result of illness, injury or disability. Employers have a duty to accommodate employees who have their doctor’s support in returning to work. Employers who refuse to accommodate and penalize employees could be liable to human rights damages.

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• Terminated from employment due to illness

When I asked about more severance I was told the termination clause in my contract prevented me from receiving more. I checked my contract and there is no clause. What can I do?

Severance pay is based on a number of factors including the age of an employee, the length of employment as well as the position. Employees should not accept a severance package without first speaking to an employment lawyer in order to determine what they are actually owed.