Employment Law Show 640 Toronto – S8 E89

A refusal to acknowledge company policy, the definition of temporary layoffs, calculating severance pay with bonuses and more on season 8 episode 89 of the Employment Law Show on Global News Radio 640 Toronto.

Employment Lawyer Jon Pinkus at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto and the GTA 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.

What We Covered

Suncor Energy is moving operations and employees from Toronto to Calgary. Is this allowed?

A forced transfer is considered a constructive dismissal unless you have an agreement in writing, and an employee can seek severance.

If I work at a temp agency, do I have different rights than an employee who works exclusively with a permanent employer?

If you work for a client at a temporary agency, your employer is a temporary agency. If they are unable to find an employee another client, you are owed termination pay.

My manager puts up memos beside the punch clock and wants us to sign our names next to the memo to ensure we’ve read it. Can I refuse to sign?

From a legal standpoint, there is nothing wrong with an employer asking employees to sign a policy to acknowledge the policy. If the policy is outside of your duties, an employee should communicate with their employer.

What is a temporary layoff and how does it differ from a regular termination?

A temporary layoff is a layoff that is applied for a certain period of time. Unless an employee signs a contract that allows for a temporary layoff, an employee can consider the layoff a constructive dismissal.

Is an employer allowed to layoff an employee temporarily?

The Employment Standards Act allowed for temporary layoffs however if an employee’s contract does not permit a temporary layoff, it is still considered a constructive dismissal.

What can an employee do if they have been temporarily laid off?

An employee can wait to be called back to work if they choose to do so or they can treat the layoff as a termination and speak with an employment lawyer.

How much severance is an employee entitled to receive if they treat their temporary layoff as a termination?

If this is a constructive dismissal, the same considerations are applied to calculate severance pay as if an employee was terminated outright.

I worked in a restaurant and was temporarily laid off despite not agreeing to it. Since then I have not heard back. What should I do?

Restaurants are in a unique situation as they were forced to close due to COVID-19. A temporary layoff from a restaurant would not be considered conventional as they are complying with a government order.

What happens if an employer recalls an employee after a temporary layoff?

If an employee has been recalled, an employee should decide whether they want to return or not. If an employee does not wish to return they will be owed severance up until the date they were recalled.

My company has not paid me for the past three months and they say they have no money. What should I do?

An employee should seek a constructive dismissal as soon as possible bearing in mind the company could close permanently.

I’ve managed a company for over 30 years, if I was laid off what would be an appropriate severance? Do bonus packages factor in?

Age, years with the company, and your position within a company will factor into how much severance an employee is entitled to. The total compensation, including bonuses, will also be accounted for a severance package.

I asked my manager for a leave of absence due to varying personal situations and a need to take care of my children. My manager refused. If I have a doctor’s note, can my employer still terminate me?

Under the human rights code, an employee has a right to fulfill parental obligation if they have exhausted all possible alternatives for childcare. If an employee is terminated under these circumstances, their employer could be in violation of the human rights code.

I‘ve been on LTD for a year and returning to work but am still owed my vacation. My company has a use it or lose it policy and is only offering me half of my vacation for the year.

In Ontario, an employer cannot withhold vacation pay. However it is legal for an employer to ask an employee to use vacation time within a certain period of time.

Do I have to wear a mask in the workplace?

If an employee is asked to wear a mask in the workplace it is in accordance with the Occupational Safety Act.  An employee who has a medical condition that prevents them from wearing a mask, a doctor’s note would be required in order to be excused from wearing one.

How much severance am I entitled to if I’ve worked at a company for ten years?

Severance entitlements do not depend on the size of the company and the workplace.

My employer says they will only pay my commission if I sign a release. Is this legal?

An employee should not sign a release in this situation without speaking to an employment lawyer as the wages are technically owed to the employee.

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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