Employment Law Show 640 Toronto – S9 E03

Episode Summary

Returning from maternity leave, constructive dismissals, forced to work overtime, and more on season 9 episode 3 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as Employment Lawyer and partner Stan Fainzilberg, Associate at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto and the GTA on the Employment Law Show. Stan 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

The IDEL provisions have been extended until July of 2021. What are some programs that can help employers and employees as the pandemic continues?

There have been significant changes made to the employment insurance program so that there are fewer hours needed in order to qualify and increased the amount of funds available to individuals. The Canada Recovery Benefit is also available to people who do not qualify for EI or who are self-employed.

I’ve been on Maternity Leave and then was off due to COVID-19. Does this time still count towards my service with the company?

Maternity leave does count towards years of service in terms of entitlements as well as laid off or disability leave.

My partner’s insurance company denied her stress leave application despite a doctor’s note. Her company wants her to return to work. What can she do?

Employees who have medical support in terms of taking leave should not return to work without their doctor’s approval. Contacting a disability lawyer could be helpful in terms of speaking with an insurer.

If I’ve run out of Employment Insurance and I work part-time, can I still apply for CRB?

If an employee meets the threshold for the Canada Recovery Benefit due to an income reduction (and does not qualify for employment insurance) they would be able to apply for CRB.

My husband has been on LTD for almost 2 years. His company will be terminated his extended health benefits once he hits the 2-year mark. is this legal?

Some employers have certain policies that can allow benefits to be terminated after a certain amount of time. As long as a policy is not discriminatory, it is legal.

My company is behind in orders and my employer has mandated some over-time as a result. Can he do that?

Employees cannot be forced to work overtime hours in Ontario and have to consent to work over forty-four hours a week. Employees who establish a pattern of working overtime hours could lead employers to believe it is implied consent.

If I’ve received severance from my employer can I still apply for employment insurance?

As of September 2020, individuals can collect their severance as well as employment insurance.

My employer refused to give me a raise. Can I quit and claim constructive dismissal?

Generally, it is not possible to claim constructive dismissal for a lack of a raise as employees are not entitled to raises. An employee can claim constructive dismissal in Ontariol. However, if there have been consistent raises over a span of time and it has become an implied term of employment.

I work for a construction company and am self-employed. If the corporation I work for is shut down, do I qualify for any programs?

Employees who are self-employed can apply and should qualify for the Canada Recovery Benefit. If there is significant income reduction, an individual should qualify for CRB.

Can I be terminated during the Infectious Disease Emergence Leave or does my employer have to recall me from a temporary layoff?

Employees currently on a temporary layoff as a result of the IDEL do not have to be recalled by their employer. Termination can occur for any reason however employees who are terminated are entitled to severance.

If my employer requests I be vaccinated and I refused, can they fire me for that?

An employer cannot terminate an employee for refusing to be vaccinated. If however, an employee is working in a high-risk environment the requirements could be different. Employees who refuse to be vaccinated might be required to remain at home or in isolation.

My employer was acquired by a US company and I was signed onto a new contract and I continued to work. The new contract has a severance clause. Is this clause valid?

The contract in question would not be valid and the employee in this situation will have common law rights and as a result could be entitled to more severance. Employees’ length of service even before the sale of a company usually are taken into account in terms of severance entitlements.

I own a trucking company and one of my employees has been missing time. How much time is allowable before I can terminate their employment?

Missing time should be looked into by the employer to determine what the reason behind the conduct is and whether or not they are legitimate. If an employer wants to terminate an employee after implementing disciplinary measures that were not effective, they can terminate the employee for cause.

My employer keeps asking me when I intend to retire. Are they allowed to ask me this?

An employer can ask an employee about an employee’s intentions on retirement as it can concern the future of the company.