Employment Law Show 640 Toronto – S10 E15

Episode Summary

Severance pay, lifting COVID-19 mandates, toxic work environments, and more on Season 10 Episode 15 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as Toronto Employment Lawyer and partner Jon Pinkus, Associate at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto and the GTA 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.

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Episode Notes

I was a marketing specialist for over 20 years for a retail company but I was paid as a contractor. I was told after being let go, given a month’s notice and pay. How is this possible?

Many employees are incorrectly labelled and identified by their employers as independent contractors. Employees who are misclassified miss out on many rights and privileges particularly adequate severance pay upon termination. Individuals who feel they have been incorrectly identified should speak to an employment lawyer as soon as possible.

If the mandates regarding COVID-19 are going to lift shortly, does that mean I can be reinstated at my workplace as I refused to be vaccinated?

The Ontario government has announced that mandates for non-essential facilities will be lifted on March 1st, 2022. Vaccine mandates and wrongful dismissal suits as a result have still not had a court determination and decision. It is very likely that the lifting of mandates will impact vaccine policies in workplaces across the province.

What can be done if a manager is creating a toxic work environment for staff?

All employees are entities to work in an environment free of harassment and bullying. Employees are within their rights to report incidents of harassment to the appropriate parties within their workplace. A failure to resolve and investigate claims of harassment could lead to a constructive dismissal but employees should first speak to an employment lawyer to determine their next steps.

My wages were dramatically cut after I gave in my two weeks notice. What can I do?

Employees who have had their wages cut without their consent should first speak to their employer about their concerns and if the matter is not resolved, can file a complaint with the Ministry of Labour.

What rights do employers have to request their employees return to the workplace if they were working remotely due to the pandemic?

Employees that were hired as in-person employees will be obligated to return to the workplace if their employers request that they do so. Employees who refuse to return to the workplace could be considered to have abandoned their jobs and would not be owed severance upon the end of their employment.

WATCH TO LEARN MORE
Global News – Returning to the workplace after working remotely

I was let go from my job during the probationary period as I had to isolate due to contracting COVID-19. Am I owed anything?

In some cases, employees are still owed severance if they are let go during the probation period, while it might not be significant. Employees who are unsure of their rights and possible entitlements should seek legal advice to determine what they are owed.

I was let go and offered 3 weeks of severance pay after working for a few years as a manager. I was told my contract limited my severance to the ESA minimum. What should I do?

It is important for employees to speak to an employment lawyer after terminating and a severance pay offers as it is often inadequate. In many cases, employers will argue that a termination clause was part of the initial employment agreement and restricts an employee’s rights to severance. Termination clauses are often not enforceable and employees should still seek out legal advice before forfeiting their entitlements.

Can I get severance even if I’m constructively dismissed?

Employees who have been deemed as constructively dismissed are owed the same amount of severance as employees who have been terminated.

Can I continue to work even if my employer has demoted me or reduced my pay?

Employees should be wary of accepting negative changes to the terms of their employment. By accepting a change, an employee has given their employer permission to implement changes in the future. Employees who wish to continue working but are unsure of the change should confirm in writing to their employer that they will accept the change temporarily to determine if it is a good fit.