Employment Law Show 640 Toronto – S10 E19

Episode Summary

The differences between an employee and independent contractor, temporary layoffs, contracts, and more on Season 10 Episode 19 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

The Hudsons’s Bay company flagship location in Toronto is shutting down. What will this mean for HBC employees?

It is important to remember that when stores or companies shut down, employees are still owed severance pay. Employees who are unsure of their rights should speak to an employment lawyer to determine their next steps.

What is considered an independent contractor and how does it differ from an employee?

There are thousands of individuals working in app-based companies who are considered gig workers. It is important for individuals to remember that an independent contractor has multiple clients and has the ability to choose who they work for and which jobs they will take on. An employee, despite what they are classified by, is paid directly by an employer and is told when and where they can work. The most important factor for determining whether or not an individual is a contractor is their economic dependency.

Does it matter if an individual is an employee or independent contractor?

Employees gain a lot of protections that independent contractors might not have access to, such as severance pay upon termination, minimum wage, vacation pay, etc.

Who decides whether or not an individual is an employee or contractor?

Ultimately employment law decides whether or not an individual is an independent contractor or an employee and not the employer or worker in a business.

If you’re given multiple contracts, are you considered an employee?

In some cases, workers are asked to sign multiple fixed-term contracts. Despite what the employer classifies as a contract worker, if an individual who has been given a series of contracts is terminated, they are owed severance pay.

What is a dependent contractor?

A dependent contractor could have several clients as a contractor but one client might provide more work and business. In this situation, if the contractor is fired by the client who provides the most work, they would still be owed severance pay.

I’m still on a temporary layoff and waiting to be called back to work. Some of my colleagues have already been brought back. What are my rights?

Employees have to determine whether or not they have agreed to be placed on a temporary layoff or previously placed on a layoff. If an employee has never been laid off before or agreed to be laid off, can consider themselves to be terminated and pursue their severance. Employees do not have to accept being placed on a layoff by their employers.

I didn’t do anything wrong but was still terminated. Is this legal?

Employers are permitted to terminate an employee without cause for any reason as long as they offer adequate severance to the terminated employee. Employees who have been terminated without cause also cannot be let go due to discriminatory reasons.

I was told I had to sign my termination letter or I won’t get my severance. What do I do?

Employers often impose severance deadlines in order to pressure employees to accept the offer that is given. Employees do not have to accept the initial severance offer by their employers’ deadline and in fact, have up to two years after the initial date of termination to pursue severance. Employees should note that they should not be coerced into accepting an offer and can pursue legal advice.

LEARN MORE ABOUT SEVERANCE PAY
Employment Law Show – Severance pay deadlines

I was given a contract after 18 years of employment without an agreement. Do I have to sign it?

It typically benefits employees not to have a written contract and instead, have a verbal agreement. Employment contracts contain language that seeks to protect the rights of employers and infringes upon an employee’s entitlements. Before signing an employment agreement an employee should seek advice from an employment lawyer.