Employment Law Show 640 Toronto – S8 E88

Temporary layoffs due to COVID-19, termination for cause due to a disability, and disciplinary measures for a problem employee and more on season 8 episode 88 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

If my company is closing down, how will this impact my short term leave and my severance package?

In terms of long term disability, an employee’s leave should not be impacted. Employers will offer less severance if they give their employee notice however in certain circumstances, the employee could still be entitled to more severance.

I was laid off due to COVID-19 and waited to be called back but never was. What are my options?

An employee can choose to treat a temporary layoff as termination and employers often don’t understand this is not right.

My employer terminated me for cause as I had previously confessed to being intoxicated at work before seeking treatment. Is this legal?

Alcoholism is considered by law to be a disability and so an employee can not be terminated for it.

After being offered minimum severance, my employer says I’m not entitled to more as my contract agreement stipulates the amount. Is this true?

Many employment agreements try to limit severance entitlements but most of these contracts are not enforceable.

How should I deal with criticism, discipline, and bad performance reviews?

There are steps you should take in order to preserve your rights if you are subjected to improper discipline.

When should an employer take measures in order to deal with a problem employee?

An employer does have a right to deal with disciplinary issues in the workplace particularly if an employee is violating company policies or not meeting workplace expectations. It is implicit that these disciplinary measures should be taken for a reason.

What corrective measures are open to employers?

Warnings are a common disciplinary measure, whether it is verbal or written. There are potential suspensions as well as demotions in extreme situations.

I was laid off due to COVID-19, and I’ve not sought new employment. If I informed my former employer I’ve accepted a new job would I lose any entitlements?

An employee does not lose the right to be called back to work despite seeking new employment however the temporary layoff can be treated as a termination and seek severance.

My employer just gave out a new contract with a termination clause stating I will receive no more than 8 weeks’ notice. Does this change my severance qualifications?

Signing a contract with a termination clause can limit their entitlements in the future and forfeit certain rights. An employer cannot force an employee to sign a new employment agreement.

Should an employee go along with whatever disciplinary measures an employer implements?

If an employee feels there is a reason for the measures there is no reason not to follow them. An employee should also communicate their cooperation.

If an employee does not agree with disciplinary measures of their employer what should they do?

An employee in this situation should verbalize their rejection of the measures if they feel it is not legitimate and why they feel it is improper.

My wife’s company was recently sold. The new buyer will continue to employ her. Is she owed any severance?

If an employee continues to work after the sale of the practice/company they are not deemed to have lost their job and so are not owed severance. However if that employee is eventually let go by the current company, they will be owed severance that takes into account the former employer.

Why is it important to document everything as an employee in regard to discipline?

Often time measures taken will be implemented in order to eventually let an employee be terminated for cause which can be difficult to prove. Documented records make it more difficult for an employer to pursue termination for cause.

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.

Denied Long Term Disability? We Can Help.

Discover your rights when your Long Term Disability Claim is denied. Find out more here.