Employment Law Show 640 Toronto – S8 E87

Forced home due to a COVID-19 outbreak, extending a pandemic layoff, cameras in workspaces, doubling of the workload and more on season 8 episode 87 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 many times can my employer extend my COVID-19 layoff?

An employee doesn’t have to remain on a COVID-19 layoff until they are potentially called back to work. The employee risks never being recalled from the layoff. The individual can instead view the temporary layoff as a termination, and leave with a termination package.

My employer wants me to stay at home without pay because there is a COVID-19 outbreak in my neighbourhood. Can they do that?

No, an employer can’t force you to stay at home without pay because there is a COVID-19 outbreak in your region. An employer can’t make up the rules regarding when an employee needs to isolate during the pandemic.

The company can ask an employee to stay home in this case, but they must provide them with their full salary if they do so.

I was hired to fill in for an employee on Maternity Leave, but let go before the end of the contract. Am I owed anything?

An individual working on a fixed-term contract is owed the balance of their agreement if they are let go or fired before the contract’s end date.

The company wants to put a camera in my work truck to monitor me while I drive. Can they do that?

A company is within its rights to put a camera in an employee’s workspace. A workspace can include a work truck owned by the employer that the employee regularly works out of.

The employer is not allowed to film an employee if they are in the truck outside of work hours (i.e. break time, sleeping).

My employer says we’re not allowed to wear a mask in a particular work area because it may affect our job. Can they stop me from wearing a mask?

An employer should not stop an employee from wearing a mask in the workplace to safeguard against COVID-19. Concerned employees can anonymously contact the Ministry of Labour, and request that they investigate the workplace to determine if the company is jeopardizing worker safety with a no-mask policy.

The company has doubled my workload during COVID-19 and is harassing me daily. Should I quit my job?

If a company doubles an employee’s workload, the employee can argue a case of constructive dismissal. A company can’t change the terms of employment without the employee’s permission.

Harassment ignored or instituted by an employer can also trigger a constructive dismissal, allowing an employee to leave with severance pay.

My employer has offered to bring me back from a layoff to 2 days of work per week, down from 4 days per week. What are my rights?

A reduction in shifts from 4 days per week down to 2 days per week is a change that can spark a constructive dismissal claim. The employee does not have to accept the change, and can leave with severance.

The employee can choose to remain on the temporary layoff until the employer offers a return to a full work schedule.

I was laid off in March due to COVID-19. Am I owed severance or do I have to wait to be called back to work?

An employee that has not returned from a COVID-19 layoff can contact our team to claim their severance package.

Can my employer refuse to pay me for time spent driving from my home to the first job of the day?

An employer does have to pay an employee for time spent commuting from home to their first call. This applies if the worker is driving a company vehicle, or using the company’s tools. If the employer refuses to pay wages for time spent travelling, the employee can file a complaint with the Ministry of Labour for unpaid wages.

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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