Employment Law Show 640 Toronto – S10 E14

Episode Summary

Let go from employment without realizing it, protests and employee rights, suspensions, and more on Season 10 Episode 14 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, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, independent contractors, and more.

Listen to the Episode

Episode Notes

Can I get in trouble with my employer for participating in a protest?

In a non-unionized setting, an employer can terminate an employee for any reason as long as it is not discriminatory and adequate severance pay is offered upon termination. Employees who have been terminated for cause should speak to an employment lawyer to determine whether or not their employer had the right to do so.

I work as an estimator for a cleaning company. My company was sold and my employment continued with the new owner. Recently, I was told to sign a new contract or else I am considered to have resigned. Is this right?

It is important for employees to speak to an employment lawyer before agreeing to sign an employment contract, particularly if they are already employed. An employer cannot bar an employee from working and withhold severance pay if they refuse to sign an agreement. Employment contracts often contain provisions that can limit an employee’s rights and entitlements.

Have I been let go if my employer has put me on a temporary layoff?

Employers do not have the right to put an employee on a layoff without their consent. An employer does not have the implicit right to lay employees off temporarily unless they are consistent seasonal workers. Employees who have been laid off temporarily, despite the pandemic, can treat their layoff as termination and pursue their severance entitlements.

Have I been let go if my employer has changed the terms of my job?

Employees who have had a major change to terms of their employment by their employers could lead to constructive dismissal and termination. It is important for employees to consider how significant the change is and whether or not they want to accept it. A major change to the terms of employment could be a dramatic reduction in pay, a demotion or a major shift in a weekly schedule.

Do employers owe their employees any compensation if they declare bankruptcy?

Bankruptcy is often the worst-case scenario for an employee as it becomes very difficult for employees to seek any severance or unpaid wages from their employer. In terms of unpaid wages, employees can file a complaint with the Ministry of Labour for unpaid wages.

I’ve been put on an unpaid suspension. Have I been terminated?

Employees who have been put on an unpaid suspension or leave can be considered a termination. Recently, many employees have been placed on an unpaid suspension as a result of vaccination status. Employees who have been suspended or effectively terminated as a result of their vaccination status can pursue their severance pay.

My company is being sold. Does this mean I’m losing my job?

Employees do not have an obligation to accept continued employment with a purchasing company if the terms of employment are not similar or the same as previous terms. Employees can treat the significant change as a result of the new owner as a termination. It is important for employees to consider seeking legal advice before agreeing to the new terms of employment.