Employment Law Show 640 Toronto – S8 E73

Constructive dismissals, refusals to pay overtime hours and vacation, terminated after an argument with an employer, and more on season 8 episode 73 of the Employment Law Show on Global News Radio 640 Toronto.

Employment Lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto and the GTA on the Employment Law Show. Lior shatters myths and misconceptions about severance pay, terminations, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, independent contractors, and more.

What We Covered

Can my employer renege on a promise to increase my hours after an initial reduction?

An employer does not have the right to reduce the hours of an employee. If, however, the employee accepted the initial change in hours, the terms were considered to be accepted. It is now considered a new role rather than a constructive dismissal.

I have no been offered any severance after returning from an LTD after being told there are no jobs available. What next?

It is illegal to not offer a severance package right after termination of employment. Employment laws and legal obligations have not changed under COVID-19.

Can I be fired from my job because of COVID when other employees with less seniority, are still working?

Employees can be let go for any reason at any time as long as severance is paid. An employer can decide to terminate whoever they wish, as long as the termination is not discriminatory i.e. based on age, as this is discrimination.

Am I owed severance by my previous employer, as my contract with them was canceled and sold to my new company?

The new company inherited your service; if you were let go by your current employer then they would have to take into account your previous position and pay severance accordingly.

After being informed of an eventual termination, I quit on the spot. Can I still receive severance?

If you receive notice of termination but choose to leave before the end date, this is considered a resignation. Resignations are not entitled to severance.

Can I ask my employer to take a stress leave?

In order to qualify for a stress leave in Ontario, a doctor’s note is required that states you are unable to work due to medical reasons.

My payments are always late by my employer as a result of COVID-19. Is there anything I can do?

This is considered a breach in terms of employment and can be treated as constructive dismissal in Ontario (or you can file a complaint with the Ministry of Labour).

I’ve had to miss work on several occasions due to a medical reason. Can my boss terminate my position because of this?

If a legitimate reason with a doctor’s support you cannot be penalized by your employer. This is a human rights violation.

What should I do if my employer wants to employ me through a third party agency after a temporary layoff?

If hired through a new agency, it could be that the employer wants to change the status of employment to that of an independent contractor.

I quit my job as my employer refused to pay me for my overtime hours and vacation pay. What should I do to receive what is owed to me?

A complaint can be filed with the Ministry of Labour however if an employer influences an employee to leave, such as withholding pay, that is also considered a constructive dismissal with a potential severance package to be owed as well.

I was terminated on the spot with no compensation offered after an argument with my employer. Can I get my job back?

Unfortunately, there is no legal mechanism to force an employer to re-hire an employee. This is however not grounds for a termination for cause.

How should I approach my employer to ask for unpaid leave? What do I do if they deny this request?

An employer is not obligated to approve a request for time off. Communication with an employer is important to have in writing.

Can I refuse a request to undergo a COVID-19 test by my employer?

An employer cannot require you to present a test but they can ask for self-isolate for a term or present a negative test only if there is a reason too.

My employer is asking me to return to work from my medical disability leave stating they really need me. What should I do?

It is important to follow a doctor’s advice and not return to work if they do not advise it. An employer cannot terminate an employee contrary to their doctor’s orders.

Experiencing an Employment Issue?

Before you call a lawyer, use the Pocket Employment Lawyer to find out if you might have a case.

Use The Severance Pay Calculator to find out how much severance pay you may be owed upon termination.

Call 1-855-821-5900, email Help@EmploymentLawyer.ca or fill out a contact form to get help now from an Employment Lawyer Toronto.

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