Employment Law Show 640 Toronto – S8 E90

Episode Summary

Severance during COVID-19, fired over harassment, rights for subcontractors and placement agencies and more on season 8 episode 90 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as 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.

Listen to the Episode

Episode Notes

My employer did not pay taxes on my salary for three years, even though I worked at the company full time. Am I owed severance pay if I lose my job?

Yes, you are likely owed severance pay in this case. Employees are often misclassified as contractors. The fact that an employer does not deduct taxes does not automatically make an individual an independent contractor. The relationship is determined by a number of factors, including whether or not the individual works full-time for the company, who they report to, and other aspects of the relationship.

Can my employer fire me if I test positive for COVID-19 and have to take time off work?

No. It is illegal for an employer to fire an employee due to a medical condition, including testing positive for COVID-19. An employee in this situation has a right to be reinstated to their job.

I am essentially an employee, but my employer calls me a subcontractor. Do I have any rights?

Yes, you likely do have rights. Based on certain criteria and factors, you may actually be considered in the eyes of the law to be an employee.

I was let go from my job at a restaurant due to COVID-19. Am I still entitled to severance pay during the pandemic?

Yes, an employee is owed full severance pay if they lose their job at a restaurant due to the COVID-19 pandemic. While terminations and layoffs may be subject to certain government regulations depending on the province, a person’s common law entitlements are still intact. Severance pay in Ontario is determined by a number of factors, and could be as much as 24 months’ pay.

I was laid off from my unionized job in construction while on modified duties. Can they do that?

Depending on the details of the collective bargaining agreement (between the union and the company), an employer may be able to fire a unionized employee in this situation. A unionized can only seek assistance through their union, and cannot be represented by an employment lawyer in Ontario.

I quit due to my employer’s extremely unprofessional conduct. Do they owe me severance?

Yes, an employee who is victim to sexual harassment by an employer is owed severance. They can treat their employer’s actions as an inappropriate change to the terms of their employment – legally referred to as a constructive dismissal, and leave with full severance pay. However, the employee needs to have documented proof of harassment.

I was fired during the 90-day probation period for cause after complaining about workplace harassment. What are my rights?

An employee cannot be terminated from their job in retaliation for reporting workplace harassment.

I was hired by a company through a placement agency. Who is my employer in this case?

It depends on who you are directly reporting to. If you regularly report to the company you were placed with, they are your employer. If you report back to the placement agency on a consistent basis, the agency would be your employer.

Whoever is deemed to be your employer is responsible for providing severance pay in the event you are fired or let go.

Can a company ask me if I have a disability during the hiring process?

No, it is illegal for a company to ask a potential candidate if they have a disability during the application process. An employee cannot be fired due to their disability. A company who does terminate an employee for that reason would be committing a human rights violation.

My employer sold their business. I was offered a job by the new owner, but when we couldn’t agree on a salary, the offer was pulled. What are my rights?

If there is no option for the employee to work with the new owner, the previous owner must provide the employee with severance. If the individual secures new employment with the new buyer, their job and seniority continues.

LEARN MORE
• Sale of a company in Ontario: Employee rights
• Company sold in Alberta: Who pays severance?
• Rights for employees when business sold in B.C.

My employer let me go but claims that I resigned and will not pay severance. What do I do?

An employee is owed severance when the company terminates their employment. An employer cannot falsely claim that an employee resigned rather than being fired. An employee should always request written or documented confirmation of termination from their employer.