Employment Law Show 640 Toronto – S8 E101

Episode Summary

Changed employment status, a medical leave considered a resignation by an employer, and more on season 8 episode 101 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as Employment Lawyer Lior Samfiru, 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

I was recalled back to work but my employer changed my employment status to part-time instead of full-time. I was then told by my employer I’d resigned. Can they do that?

An employer does not have a legal right to change the employment status of their employee, by reducing hours or pay. If an employee is terminated from their employment, they are then entitled to severance.

I was terminated and given vacation pay and payment in lieu. The payment was less than a week severance. Is this correct?

Severance payments can only be less than approximately two to three months unless an employee has signed an employment agreement with their employer which states differently and limits severance entitlements.

I was on medical leave and my doctor lengthened the time I would need to recover. My employer considered this a resignation. Can they do that?

An employer cannot assume an employee who has an extended medical leave is a resignation. This is not only a wrongful dismissal but also possibly a human rights violation.

I’ve been in contact with someone who has COVID-19 and told to quarantine at home for 2 weeks by my employer. Should my employer be paying me to stay home?

WSIB does not cover individuals who are symptom-free of COVID-19 and are quarantining as a precaution. Employers do not have to pay employees while they are quarantining as the policy was mandated by health authorities.

I’m on a WSIB claim and I’ve been laid off by my employer. I was not given a return date. Can they do this?

Temporary layoffs do not have to be accepted by employees and employees can choose to treat the layoff as a termination. If an employer lays off an employee due to a medical condition, that is potentially a human rights violation.

I was a contractor and was made aware my contract was soon expiring however it was pre-emptively ended. Am I entitled to any severance?

If a contractor works exclusively for a particular company full-time hours, they can be considered an employee and can be entitled to severance pay. A contractor in this situation will also be owed holiday pay.

How can employees seek their proper severance entitlements?

In most situations, an employment lawyer is able to negotiate with an employee’s previous employer a proper severance offer. Starting legal action and going to court does not happen frequently.

Do people typically seek out legal advice after they lose their jobs?

The majority of people do not seek out legal counsel after they have been let go by their employers and assume they are owed less than what they are actually owed.

In order to get their accurate severance entitlements, do employees have to sue their former employers?

In reality, in most cases, employees do not have to sue their employers. In some situations it is unavoidable but it is not the default position. Legal action and proceedings are also typically not a long process.

Is the process of pursuing legal action costly?

Contingency fee arrangements can help individuals who feel they cannot afford to pursue legal action. Until matters are not resolved an employee will not have to pay legal fees.