Employment Law Show 640 Toronto – S10 E31

Episode Summary

Vaccine mandates lifting, business closures, severance pay, and more on Season 10 Episode 31 of the Employment Law Show on Radio 640 Toronto.

Listen below as Toronto Employment Lawyer and Partner Stan Fainzilberg, Associate at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto and the GTA on the Employment Law Show. Stan 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

With vaccine mandates lifting, what does this mean for workplace vaccine policies?

The lifting of vaccine mandates across the country has put a great deal of pressure and even more liability on employers who chose to implement vaccine policies regardless of government support. Employers should be wary of implementing generalized policies that are not relevant to their immediate workplace, such as with employees who are currently working from home. Employees who were terminated as a result of their vaccination status and filed a wrongful dismissal suit could see a strengthening of their case as a result of the current public health trends.

I was approved for LTD but now they’re asking me to apply for CPPD. Is this right?

Most disability policies contain a provision that requests that claimants who are approved for LTD must also apply for programs such as CPP Disability or ODSP. This provision is included so that insurance companies can receive credit while claimants are on long-term disability leave.

Can I ask my employer to pay me instead of taking a vacation?

Employers generally are able to determine when employees are able to take a vacation or they can decide to compensate employees instead. Alternatively, employers do have to permit employees to take their allotted time off.

My boss of 37 years is retiring and shutting the business down. As I’m over 65, I was told I’m not entitled to anything. Is this true?

It is important for employees to note that a business closure or shutdown does not exempt them from receiving severance pay. An employer is only exempt from paying severance if they have declared bankruptcy or if an employee has been terminated for cause. Severance entitlements for long service employees can be up to 24 months of pay and employees should contact an employment lawyer before agreeing to a settlement offered or forgoing their rights.

Can I be terminated for cause if I have a second job?

While an employer can terminate an employee for any reason and at any time as long as adequate severance is offered. Employees should look closely at their employment contracts in order to determine if there are certain provisions, such as a conflict of interest clause, that would permit termination for cause. Employees who do not have specific terminology in their employment agreements cannot be penalized for other employment.

I’ve been working as a contractor for years for a single employer. Am I actually an employee and have I been mischaracterized?

Employees that are able to prove that they have been employees and are not in fact contractors are entitled to the rights they were previously not given, such as overtime pay, vacation pay, etc.

LEARN MORE
Employee vs. Independent Contractor

Do I have to accept overtime if my employer asks me to work extra hours?

Employees do not have to accept to work overtime hours unless they previously agreed to do so in an employment contract. A demand for working overtime hours can be considered a change to the terms of employment and employees do not have to accept it.

Does my employer have to provide me with an employment contract?

Employers do not have to provide an employee with a contract and in fact, employees generally benefit without a written contract. Written employment contracts can seek to limit an employee’s rights and entitlements and generally protect the interests of an employer. Without an employment contract, employees are able to receive their full common-law entitlements.

Can I be put on a performance improvement plan if I don’t hit certain sales quotas at work?

It is important for employees to note that while an employer is able to put an employee on a performance improvement plan, they typically do so when they are preparing to terminate an employee for cause. Employees who do not agree with criticisms should voice their dissent in writing but continue to follow recommended guidelines by their employers.

My boss told me that I might be put on layoff as things are slow. What can I do?

Employees should determine whether or not there are any provisions in their employment contract that allow their employers to put them on a layoff. Employees who have not agreed to a layoff in the past cannot be forced to take a layoff by their employer. A layoff without an employee’s consent is considered a constructive dismissal as it is a fundamental change to the terms of employment.

LEARN MORE ABOUT LAYOFFS
Put on a layoff in Ontario?

If there is a discrepancy in my pay but my employer refuses to pay me adequately, is there anything I can do?

Large discrepancies in pay can lead to constructive dismissals however employees with smaller wage discrepancies still have options. Employees are able to file a complaint with the Ministry of Labour in order to pursue their compensation.

My employer is forcing me to get vaccinated or test multiple times a week or face termination. Is this legal?

Employers can offer alternatives to vaccination such as testing for employees however it is important to note the context and rationale for employers to impose vaccine policies. Employees who refuse to be vaccinated or undergo testing can be terminated however would still be owed severance pay.