Employment Law Show 640 Toronto – S8 E93

The ten commandments of termination, job eliminations on maternity leave, after-hours expectations while working remotely, and more on Season 8 Episode 93 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

My job was eliminated and I was offered a different position at the same company and less salary. After rejecting this offer I was informed I’d quit and was not entitled to severance. Is this true?

In a situation like this, the company is in breach of the Employment Standards Act and owes the employee a severance package as this should be considered a termination. An employee does not have an obligation to accept a new role with different hours and salary. A resignation has to be voluntary.

While on maternity leave I was informed my position would be eliminated when I returned from leave and this was my working notice. Can they do that?

An employer would have to wait until an employee returns from maternity leave to see if there are any other viable positions available. If there is no work available, unpaid working notice is possibly in violation of human rights and an employee would be entitled to a significant severance package.

The Ten Commandments of Terminating Employment

• You should think about termination when accepting a new job
• You should not give up future termination rights after you start working
• You must respond to negative reviews or discipline in writing
• You must not commit serious workplace misconduct
• You should always keep copies of relevant documents
• You must keep records of important events
• You should not get advice from inaccurate or not verified sources
• You should assume that the severance offered is inadequate
• You should not sign a release or termination offer without speaking to an employment lawyer

Can your employer look at your after-work hours as an indication of performance and potentially terminate you?

As long as an employee is performing as well as they were prior to working remotely, they are fulfilling their job requirements. A shift in hours and job duties must be agreed upon.

How can employers of small businesses be expected to pay employees severance particularly now?

The law states an employee is entitled to severance after termination in regards to their age, position, and years of employment. Severance packages are meant to help an employee land on their feet. Employers also have the option of a working notice termination.

My son works in a workplace in which they only communicate through email but they don’t have time to check during a shift which usually results in a punishment. Paid bathroom breaks are now being revoked. Is this allowed?

An employee in writing should voice their complaints and ask about certain expectations. If termination is a response, an employee will be entitled to severance. Bathroom breaks are not technically required to be paid.

Can your employer terminate you for saying something offensive?

An employer can terminate an employee for any reason apart from anything discriminatory. Typically, a cause for dismissal is hard to prove in Ontario and without cause, an employee will be entitled to severance.

I was hired on a one year contract with my employer that eventually expired. I have no contract anymore despite still being employed by the same company. If I’m terminated am I entitled to severance?

If an employee keeps working with an employer following the end of the contract, the employee is now considered an indefinite termed employee and will be entitled to a full severance if terminated. The initial contract is no longer relevant.

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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