Employment Law Show 640 Toronto – S9 E10

Episode Summary

Fired for cause, the pressure to return from medical leave, failure to pay overtime, and more on Season 9 Episode 10 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as Employment Lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto, the GTA, Hamilton, London, and across Ontario 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.

Listen to the Episode

Episode Notes

I’ve been on layoff for months and my boss told me I can return but with a different shift. I said no and was informed that I’d resigned. Can they do that?

A significant change to schedule or pay does not have to be accepted by an employee and they can choose to refuse the new terms. Significant changes to employment can be treated as constructive dismissal.

My employer let me go after I filed a harassment complaint coming off of medical leave. Is this legal?

It is illegal to let an employee go after a harassment report is filed as well as as a result of medical leave. Harassment allegations have to be properly investigated.

My employer found out I was looking for another job and was fired without severance. Am I owed anything?

An employee can be terminated for nearly any reason however the act of looking for new employment is not grounds for cause termination or for disciplinary measures.

Can I be fired for cause because my employer says I took products out of the warehouse? There is no proof of theft.

Stealing is grounds for cause termination however the company and employer have to have proof of theft. If there is no proof of theft, this could be grounds for wrongful dismissal.

I resigned after my employer refused to pay me for my overtime and vacation. What can I do to get my compensation?

If owed compensation and an employer refuses to pay it, this is illegal and a claim should be filed with the Ministry of Labour. Failing to pay employees that lead to resignations can also be considered a constructive dismissal in Ontario.

After an argument with my boss, I was terminated and received no severance. Is there any way I can get my job back?

Typically re-claiming a job is not possible. However, an employee terminated without cause in Ontario is entitled to severance unless there was evidence of serious misconduct.

I’m on medical leave and my employer is putting pressure on me to return to work. I’m worried about my job. What should I do?

It is important to follow the prescribed treatment and recommendations of a doctor during a medical leave. An employee cannot be let go due to taking a medical leave, it is a human rights violation.

I’m about to leave my employer for a new company after ten years. Should I ask for anything specific in my new employment contract?

It is important to read the employment agreement offered very carefully. Employment agreements can be potentially problematic as they restrict an employee’s rights i.e. limit future severance. Before signing an employment agreement it would be beneficial to speak with an employment lawyer.

My employer is closing down his business but when I asked about severance he told me nothing. What should I do?

Employers might not know what their severance obligations are and what their employees are entitled to. Communicating with an employer about severance is important and if that conversation is not efficient, contact an employment lawyer.

I’ve been diagnosed with cancer and have to take time off for treatment. I was told I have no short term disability coverage and should apply for E.I. Is this right?

If there is no short term disability coverage offered through work, unfortunately, employment insurance is the only option available. Employment insurance sickness benefits are available to employees on a medical leave of absence.

I was told if I work overtime in the same week as I work a statutory holiday, I am not owed time and a half pay. Is this true?

If an employee works more than 44 hours a week they are owed overtime pay. An employee who has not been properly compensated for their overtime pay can file a complaint with the Ministry of Labour.

I’ve been notified my office will be shut down for several months. Can I resign and still receive severance?

If a place of business is closed, an employee can treat the shut down as constructive dismissal. The reason for the shutdown, however, is significant i.e. if an employer has a choice in the shutdown or not. The potential for new employment however does affect how much severance an employee is entitled to.