Employment Law Show 640 Toronto – S10 E09

Episode Summary

What can an employer do, vaccine mandates, severance pay,  and more on Season 10 Episode 09 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as an employment lawyer at Samfiru Tumarkin LLP reveals your workplace rights in Toronto and the GTA on the Employment Law Show. He shatters myths and misconceptions about severance pay, terminations, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, independent contractors, and more.

Listen to the Episode

Episode Notes

I’ve been on medical leave for several months but as time went on my health benefits were cut off. My employer informed me that as I have not spoken to them I’ve abandoned my job.

Employees who are on medical leave should keep their employers up to date on their prognosis while on medical leave however, an employer cannot decide that an employee has abandoned their position. Employers are arguably even more obligated to keep in touch than the employee and ask for updates while an employee is on leave.

What is a frustration of contract?

Frustration of an employment contract occurs when through no fault of either the employee or employer, an employee is unable to continue working or fulfilling the tasks of their job. A frustration of contract often occurs as a result of an employee who has a long-term medical condition or disability.

Can my employer let me go for any reason?

Employers are permitted to terminate an employee for any reason as long as it is not discriminatory and upon termination, an adequate severance package is offered. It is important to remember that common terminations are without cause and it is much more difficult to terminate an employee for cause.

Can my employer make me work overtime hours?

Employees who have not previously worked overtime hours, or agreed to do so in an employment contract, cannot be forced to work overtime. Employees are within their rights to refuse overtime.

Will my employer be able to force me back to work if my doctor believes I shouldn’t be working?

Employees who are ill or injured should not return to work unless their doctor has cleared them to do so. Employees that are denied disability coverage are often pressured to return to work by their employers. Despite a denial of disability benefits, employees should continue to listen to their treating doctors. Employers are also not permitted to ask an employee about their diagnosis and the specifics of their medical condition. Employees are obligated to provide their employer with possible accommodations as well as their prognosis.

Can my employer pay me less than my other co-workers?

In most cases, an employer is permitted to pay an employee however they choose, including the amount of compensation. Employers are not permitted to implement pay structures based on discriminatory reasons, such as gender or ethnicity.

Can my employer legally lay me off if it is temporary?

Despite the pandemic, an employer does not have the right to lay employees off temporarily unless an employee has previously agreed to a layoff. Employees can choose to treat the layoff as termination and pursue their severance entitlements.

My employer decided not to renew my year-long contract after four previous renewals. I was offered a week of severance per year of employment. Is this adequate?

In some situations, an employer will renew a fixed-term contract multiple times. Employees who have a series of fixed-term contracts are seen as longer service employees and their severance entitlements should reflect that. Severance for employees even on repeated contracts is based on a number of factors including the age of an employee, the length of service as well as the position.