Employment Law Show 640 Toronto – S8 E74

Temporary layoff periods, unpaid wages, legal length of a performance review plan, severance for part-timers and more on season 8 episode 74 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

How long can an employer go without paying an employee?

It is illegal for an employer to withhold an employee’s pay. An employee in this situation can pursue a constructive dismissal and a severance package.

Do I have to wait until January 2021 to find out if I will be called back from a COVID-19 temporary layoff?

An employee does not have to wait until January 2021 to deem their employment as being terminated. Through a constructive dismissal, a worker can obtain a full severance package.

Don’t accept a temporary layoff before you understand what you are giving up

If an employee chooses to accept a temporary layoff, they may very likely be giving their employer the right to impose one again in the future. The better option may be to treat the layoff as a change in the terms of employment.

Don’t accept changes to your job, even if it is related to COVID-19

If an employer suggests that a pay cut or change in duties is temporary, an employee should get it in writing before accepting the change in terms of employment. If an employee accepts the changes to their job on a permanent basis, they eliminate their ability to pursue a severance package through a constructive dismissal.

Don’t refuse to return to work because you feel unsafe due to COVID-19

You cannot refuse to return to the workplace if your employer has taken the necessary steps to provide a safe environment. An individual who refuses to return to work may been considered to have resigned.

If you feel that your employer is not providing a safe workplace, you can file a complaint with the Ministry of Labour. The Ministry will investigate and take action, if necessary.

Are part-time employees owed severance pay? I have been earning an hourly wage for 15 years.

Part-time or hourly employees are owed full severance pay when the are fired or let go from their job. In terms of a termination package, they are treated no differently than full-time employees.

I was put on a temporary layoff at the start of COVID-19. Do I have to wait until I am called back to work?

An employee does not have to wait until they are called back to work by their employer, or their layoff period expires, to take action. They can explore the potential of treating their job as being permanently terminated, and leave the company with a severance package so they can pursue new employment.

How long can an employer keep you on a Performance Review Plan for?

There are no laws governing the length of time an employee can be placed on a performance review plan or performance improvement plan (PIP). However, if the employee does not agree with the review or PIP, they should share their concerns about the plan with their employer. That way, they can diffuse an employer’s attempt to rely on the review’s existence if they attempt to terminate for cause down the road.

Don’t forget about your employer when you’re on a medical leave

An employee may compromise their employment if they forget to update their employer during a medical leave. Follow up routinely with your employer. Remind them that you are still around, and intend to return to work once your health improves. The update doesn’t need to be extensive; a brief sentence or two may suffice.

Don’t quit unless it is completely voluntary

An employee should not resign unless the decision is completely voluntary on their part. An employer may try to push an employee to resign in order to avoid their obligation to pay severance. If an employer forces an employee to resign, the resignation could be treated as a termination, resulting in a complete severance package.

Don’t accept unfair discipline or inaccurate performance reviews

Don’t accept unfair criticism from an employer. If you remain silent in the face of a negative performance review, you may be seen to have accepted the review. This may impact your ability to collect termination pay if you are fired or laid off later on.

Can I be let go for cause over something that a coworker did?

No. An employee cannot be let go for cause due to the actions of a coworker. An employee let go in this manner, without severance pay, can pursue a wrongful dismissal.

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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