Employment Law Show 640 Toronto – S9 E08

Episode Summary

What employees should know about medical leave, new employment agreements, and more on Season 9 Episode 8 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as Employment Lawyer and partner Jon Pinkus, Associate 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.

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Episode Notes

I worked as a salesperson for ten years and usually received a significant bonus. I was terminated right before the payout date, and so I did not receive it. Is this right?

Employees who receive a consistent bonus are entitled to it as well as their full severance pay. If an employee is terminated before a bonus was paid out and it was a regular part of their compensation, it has to be taken into consideration.

I was let go after being employed for 18 years as a branch manager. I was offered six months’ pay. Is this right?

Severance entitlements factor in the age of an employee as well as their position and length of employment. Employment agreements that contain termination clauses are usually not enforceable.

How long can someone be away from work due to medical reasons?

If an employee is ill, they should not return to work particularly during the current pandemic. There is no set length of time that an employee is allowed to be away for medical reasons. Disabilities are protected by the human rights code and an employee cannot be penalized for an illness. It is important to note that sick leave and disability benefits are not the same.

Does an employer have a right to ask an employee about their medical diagnosis?

An employer cannot ask an employee about a diagnosis but they are permitted to ask an employee about their condition as it pertains to accommodations. Employees have a right to limit the information that their employer is entitled to get, such as really invasive questions.

Does an employee on medical leave regularly have to update their employer on their condition?

An employer does have an obligation to hold an employee’s position or to try and find a comparable position for a returning employee. If a medical leave is lengthy, there might not be a position to return too however but an employer cannot let an employee go as a result of their leave. An employee should keep their employer informed of their situation regularly.

If an employee’s LTD or STD claim is denied or their benefits are cut off, what should they do?

It is important to speak to a disability lawyer who can help navigate a claim. Employees with a disability should not return to work without their doctor’s approval.

If I don’t want to sign a new employment agreement but also don’t want to pursue a constructive dismissal, what are my options?

An employer cannot force an employee to sign a new employment agreement or any document that changes the terms of employment. If an employee is terminated for not signing an agreement, they will be owed severance entitlements.

If I’m terminated or laid off, does my length of service matter in terms of receiving severance?

Severance packages take into account length of service but also the age of an employee as well as the position and other factors. Employees who have been terminated or laid off are both subjected to severance entitlements.

What should an employee do if they are ready to return from medical leave?

Employees should have their doctor’s approval in order to return to work and immediately inform their employer as well as if there are possible accommodations required. If an employer does not allow an employee to return to their position due to a lack of availability, an employee’s contract is considered frustrated.

If an employee’s contract is considered frustrated, are they still owed severance?

An employee whose contract is considered frustrated will be owed their minimum entitlements.

Can my employer terminate my employment for any reason?

Employers can terminate an employee for any reason provided they pay a fair severance package.

How much severance am I owed?

Severance entitlements are based on numerous factors, mainly the age of an employee, their position, and length of employment.

Are deadlines for accepting severance offers enforceable?

Termination deadlines are implemented in order to pressure an employee into an agreement. Deadlines only matter if an employee is going to accept the severance offer.

I’m returning from a disability leave but my employer says there’s no job available. Is this legal?

If there is no available comparable position, an employee returning from a disability leave is still entitled to a severance package. IF a position has simply been eliminated, the employee is entitled to their full severance.

Can my employer make changes to my job without my consent?

Any significant changes to an employee’s terms of employment have to be consented to, such as a reduction in pay or change in hours. If a change is significant, it can be treated as constructive dismissal.

I was fired for cause for posting something offensive on social media. Is this right? Am I owed severance?

The type of job will be a factor in determining whether or not a for-cause termination is permissible. Off-duty conduct of an employee can lead to a termination particularly if it conflicts with a business’ mandate and identity.

What are my rights as a contractor if I’m let go?

It is important to determine if a contractor is truly a contract worker or an employee and will be entitled to severance.