Employment Law Show 640 Toronto – S10 E18

Episode Summary

Fired for donating to a protest, severance myths,  bad employers, and more on Season 10 Episode 18 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 donated to the freedom convoy. Do I face any repercussions from my employer?

Employees are permitted to participate in a protest and their actions do not directly impact their employer’s business, it is very unlikely that an employer is able to justify a termination for cause. Employers are within their rights to terminate an employee without cause and will be obligated to pay adequate severance.

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• Fired for donating to the ongoing protests?

I worked for a company for over 8 years in sales and did not have any disciplinary measures. I was terminated for cause. I don’t know how this is possible. What can I do?

It is very difficult for employers to justify a termination for cause case, and often incorrectly fire employees. Employees who are unaware or unsure of their rights upon termination should speak to an employment lawyer as they could be missing out on their rights and entitlements.

If I’m “on contract” does that mean I don’t get any severance?

Employees that are let go from a fixed-term contract before the end of the contract are owed the balance in severance pay. It is also important to note that employees who have signed multiple contracts could still be owed severance upon termination.

Do short service employees get severance?

It is often incorrectly assumed that short-service employees do not get severance pay or very little severance upon termination. In many cases, short-service employees could receive disproportionately more severance than long-service employees as it can be more difficult for these individuals to find future employment.

When do your rights to severance expire?

Employees are often told by their employers that they have a short deadline to accept an initial severance offer. This deadline is typically a pressure tactic and does not negate an employee’s rights to severance. Employees have up to two years after the initial date of termination to pursue their severance.

I was told the Ministry of Labour can help me get my severance. Is this true?

The Ministry of Labour can only advise employees on their minimum severance entitlements and not their full common law severance entitlements. It is important for employees who have been terminated to seek legal counsel from an employment lawyer as once a claim is filed with the Ministry, there can be no additional legal action taken.

My LTD claim for mental health issues was denied despite support from my doctor. After informing my boss, I was told I could no longer be employed. Is EI my best option?

Individuals who are denied long-term disability benefits despite an inability to work and support from their doctor should speak to a disability lawyer. It is very likely that a claimant has been unjustly denied LTD benefits. It is also important to note that employees cannot be penalized due to a medical condition as it is considered a human rights violation.

What are common indicators of a bad boss?

The most common bad employers are those that create a toxic work environment, can harass or pressure employees to unreasonable expectations.

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Employment Law Show – How to handle a bad boss

At what point should an employee decide to take action against a bad employer?

Employees that feel they have reached their breaking point and are on the verge of resignation should speak to an employment lawyer before resigning in order to protect their rights.

I’m on LTD as well as CPPD but I need to request a loan from the bank. Will this additional financial aid make insurance cut off my benefits?

Claimants who are unsure of their rights should look at their disability policies as well as speak to a disability lawyer if they feel that their benefits might be cut off or end. Loans should not offset disability benefits in most cases.