Employment Law Show 640 Toronto – S10 E11

Episode Summary

COVID-19 workplace policies, fired for cause, rights of older employees, and more on Season 10 Episode 11 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

I was terminated after two years while I was on a long medical leave. I worked for this retail chain for over a decade but had to be on LTD. Do I have any rights?

In some cases, employers terminate employees as they have frustrated their employment contracts. A frustration of contract means an employee is simply unable to work and is unlikely to return from medical leave or due to a medical condition. It is important to remember that an employee who has been terminated without cause is owed their full severance pay, particularly if an employer has argued frustration of contracts after a short amount of time on leave. Employees that have been given a prognosis of an eventual return to work could be owed more severance pay.

What is a termination without cause?

Termination without cause is the most common form of termination and occurs when an employee has been terminated but not due to misconduct or any fault of the employee. An employee who has been terminated without cause is owed their severance pay.

I have been fired and asked to sign a termination paper before I leave the building. Do I have to agree to this?

Employees do not have to agree to sign a termination or severance offer immediately. Employees have up to two years after the initial date of termination to pursue their severance entitlements. Employers will often pressure employees to sign an initial offer however it is often inadequate.

How much severance am I owed if I’ve been fired without cause?

Severance pay is based on a number of factors, including the age of an employee, the length of employment as well as the employee’s position. It is also important to determine whether or not an employee has signed an employment contract with a termination clause which could potentially limit their severance pay. Employees should speak to an employment lawyer before agreeing to a severance package.

Do employees have to sign a new employment contract?

Employees that are presented with a new employment contract should question why they are being asked to sign a new agreement. Employment contracts can limit an employee’s future rights and entitlements.

Can the Ministry of Labour help me if I’m let go without cause?

The ministry is not able to advise an employee of anything other than their minimum entitlements and does not inform employees regarding their full severance entitlements. Employees who have been let go without cause should instead speak to an employment lawyer.

LEARN MORE
• Ministry of Labour Employee Complaints

What other factors influence an employee’s severance pay that could be included in an employment contract?

Employment contracts could contain provisions that are worded incorrectly and could possibly negate the termination clause included in the employment contract.

Are construction workers entitled to severance when they are fired?

Under the common law, construction workers are entitled to severance pay regardless of the nature of the construction industry. Employees who have been told they are not owed severance pay due to the nature of their work should speak to an employment lawyer before assuming they are not owed any compensation.

Can an employer fire an older employee as a result of their age?

Employees cannot be fired due to their age as it is considered discriminatory. Employees who have been terminated due to their age could be owed additional human rights damages as well as severance entitlements.

What are my options if I wish to terminate an employee who is older but no longer productive?

Employers should be careful not to associate an employee’s lack of productivity or the reason for termination to their age. Employers should try to understand the factors contributing to an employee’s lack of productivity and whether or not there is possible support or accommodations available.

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• Put on a performance improvement plan? What are your rights?