Employment Law Show 640 Toronto – S8 E96

What an employee shouldn’t do before calling an employment lawyer, workplace accommodations for employees during COVID-19, extended temporary layoffs and more on Season 8 Episode 96 of the Employment Law Show on Global News Radio 640 Toronto.

Employment Lawyer Lior Samfiru 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

I was in an altercation with my neighbour and I was charged with assault. A few weeks later my employer found out and terminated me for cause. Is this legal?

For cause termination happens when an employer lets an employee go as it is impossible to continue employment. In this situation, the criminal charge should not impact the workplace. Conduct that happens outside of work that is not related to work, cannot be used by the employer as cause for termination.

Months ago the gov of Ontario created the Infectious Disease Emergency Leave which allowed employers to temporarily layoff employees until next year.

This layoff only applies if an employee accepts the layoff. An employee can choose to treat the temporary layoff as a termination and pursue severance entitlements.

What you shouldn’t do before calling an employment lawyer

• You should NOT contact the Ministry of Labour for advice
• You should not wait to be called back to work from your temporary layoff
• You should never sign an employment agreement
• You should NOT sign a severance letter
• You should not assume your status as an independent contractor

I was put on a temporary layoff and it switched to IDEL. My contract will soon end. Can I file for constructive dismissal before the contract ends?

An employee in this situation will be entitled to the months they were laid off as they were on a fixed-term agreement. The contract stipulates how much payment will be owed.

I was injured while on the job. After a year and a half of receiving benefits, the company is saying they don’t have work for me.

If an employee is part of a union, they will have to stand up for their rights. An employer has to follow an employee’s own doctor’s advice.

My workplace now requires me to wear a mask despite the fact that I have a health issue that prevents me from wearing it constantly. Can I be dismissed for not wearing one?

If an employee has a doctor’s note stating a mask cannot be worn the entire shift must be provided to the employer. If an employer cannot accommodate this request, the employer will have to allow for a medical leave.

My wife was injured at work and was on WSIB until she was discharged. She can’t drive to work and the employer used to provide a taxi but no longer wants to. What can she do?

An employer does have to accommodate their employee, which might include providing transportation if there was no cost. However, if providing transportation does have a cost for the employer, they are not obligated to do so continuously.

A family member passed away and I had to take a trip across the country to deal with it. I asked for a leave of absence with no pay but on my return, they informed me they’d used my vacation days for the following year.

In Ontario, employees are permitted 2 unpaid days of bereavement leave per year. If more than two days are taken, the employer can compensate for the rest of the time however they choose to do so. Certain employment sectors however are exempt from the two days policy. i.e. farmworkers.

I was working in a factory while also driving for Uber. While at my factory job I was injured. WSIB says I cannot make any claims in regards to a loss of work for my driving. Is this true?

At this time Uber is not considered to be a permanent employer. WSIB coverage as a result does not apply to Uber drivers as they are not considered employees.

I was hired by a new company over a year ago under contract. During COVID-19 I was laid off and when I returned my pay was cut. My contract had expired while I was temporarily laid off.

If an employee’s contract expires and they are still employed by the same company,  they are now considered a permanent employee under an oral agreement. If an employer then decides to change compensation, this could be considered a constructive dismissal.

I hired an employee as a general helper and he decided to use a machine he was not given permission to use and hurt himself. What are my obligations here?

Depending on how irresponsible the employee was and depending on the severity of the mistake, the employer could have cause for termination. The severity of the misconduct will determine whether or not the employer is obligated to allow a return to work.

My employee who is on parental leave is actually working somewhere else. Am I obligated to take him back at the end of his leave?

An employer is not obligated to take an employee back at the end of leave in this situation as this is an inappropriate decision by 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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