Employment Law Show 640 Toronto – S9 E06

Episode Summary

RIghts of older employees during COVID-19, increased hours but not pay, recalled after layoffs, and more on Season 9 Episode 06 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as an employment lawyer at Samfiru Tumarkin LLP reveals your workplace rights in Toronto and the GTA on the Employment Law Show. He 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 new stay at home orders by the Ontario provincial government has ensured that employers cannot force employees to return to work.

Employees who can do their job from home, they cannot be forced into the workplace. Employees who are being forced by their employers to work at the workplace, can complain to the Ministry of Labour or treat their employment as terminated.

My friend works at a local grocery store and she’s worried her store is not implementing proper health and safety measures. What should she do?

If an employee feels their workplace is unsafe, they should contact the Ministry of Labour and report their concerns. The Ministry of Labour will make an assessment of the workplace and instruct the store on what safety measures need to be implemented. Employees who file complaints with the Ministry of Labour cannot be penalized.

Can an older employee be fired because of their age?

Employees cannot be terminated due to their age. It is a human rights violation as it is a form of discrimination. Employees alternatively can also not be refused employment due to their age.

What should an employer do if an older employee has become less productive?

Employers should properly communicate their concerns with the employee their expectations. If an older employee requests certain accommodations due to a health concern or medical condition, an employer will be obligated to accommodate these needs.

There are grants an employer can apply for when hiring employees under the age of 30. How does an employer follow the grant criteria and not discriminate based on age?

Employers can send out grant information and have potential hires respond to that information so they are aware of the criteria. Employers who are unsure about how to proceed should contact an employment lawyer to figure out their next steps.

What should an older employee who is struggling at their position do?

Employees struggling at their position should try and determine what factors are prohibiting their efficiency. Speaking to a doctor is important in determining the cause as well as communicating with their employer about potential accommodations.

Can an employer push an older employee to resign?

Some employers have attempted to use COVID-19 as a reason to push certain employees to resign. Legally, an employer cannot force or push an employee to resign.

I work at a car dealership and due to COVID-19 many employees have been laid off, but not me. As a result, my hours have increased but my compensation has not. What are my options?

Significant changes to employment, such as added substantial hours, without an employee’s explicit consent can be treated as constructive dismissal. An employee can treat this as termination and pursue their severance entitlements. Continued acceptance of these changes implies consent to an employer.

Are employers allowed to recall younger employees before older employees after a layoff?

The situation will depend on what the positions of each employee are as well as the compensation and length of employment. An older employee would have to be able to establish that the employees brought back from a layoff were due to their age and not other factors in order for the practice to be discriminatory.

How much severance pay are older employees entitled to?

Severance pay is dependent on various factors such as position, length of service, potential future employment as well as age.

I was laid off last year but recently my manager asked whether or not I was ready to return. I replied but have received no update. What should I do?

The best recourse for an individual in this situation would be to treat this layoff as termination as the current layoff can technically last until at least July of 2021.

I’m not sure if I’m an essential worker. If we’re administered a ticket on-site, who is ultimately responsible?

It is important to communicate with an employer on concerns of health and safety and regulations. Documenting your employer’s knowledge and consent to workplace practices will help if in the future there are