Employment Law Show 640 Toronto – S9 E101

Episode Summary

Employment law commandments, termination clauses, and more on Season 9 Episode 101 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as Toronto 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 for a consulting firm for over 21 years as a manager. My company was recently bought and I was told I’d be offered my job but never was. My old boss said I had to speak to the new owner. What can I do?

A company that terminates an employee’s employment is obligated to offer severance entitlements if the new owner does not offer an employee a position. Employees who are in a difficult situation and are unsure of their rights should contact an employment lawyer as soon as possible. Employers can be unaware of their obligations in regard to the sale of a company.

I was given an employment agreement and offered money after I signed it. The contract includes a non-compete clause as well as a termination clause. Should I agree to it? I’m worried I’ll lose my job.

Before signing an employment agreement employees should speak to an employment lawyer. Many employment contracts can contain provisions that would restrict an employee’s future severance entitlements as well as future job opportunities. Employers who offer new employment contracts to employees with the terms included are planning on using these agreements in order to protect their interests.

An employee should consider termination when accepting a new job.

Employees are typically offered an employment contract at the start o their employment. Contracts can include termination clauses that limit severance, as well as clauses regarding temporary layoffs and other terms that restrict employee rights. Before signing an agreement, employees have to decide what they are willing to accept.

Employees should respond to any negative reviews and discipline.

Employers are permitted to give employees constructive feedback however employees should be wary if they receive a performance improvement plan. Performance plans are often given to employees as a step by employers to pursue a future termination for cause. Employees who do not agree with the criticism should voice their dissent in writing.

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Employment Law Show – Put on a Performance Improvement Plan

Employees should not commit serious workplace misconduct.

Employees have to strongly consider whether their actions are dishonest. Employees who have had an incident happen at work should own up to their mistakes and try to resolve the issue. Employees must always be honest with their employers in order to prevent further complications.

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Fired For Cause

Employees should document and keep copies of all relevant information.

Any information that can be significant for employees, later on, should be documented in writing. Documenting communication, such as job searching, once employment ends is also important if an employee is planning on pursuing their severance entitlements. Employees can also document all incidents in writing that have taken place, such as evidence

I work at a hospital in a non-unionized position. My employer is mandating vaccines. Are they legally allowed to do this?

Employees in hospital environments in Ontario have not been mandated by the government to be vaccinated against COVID-19. Employees who have been terminated as a result of their vaccination status and are not unionized can contact an employment lawyer to pursue their entitlements.

Employees should always assume their severance offer is inadequate.

Employers want employees to accept offers of severance that are lower than what they are actually entitled to, particularly if more than one employee has been let go. Before agreeing to a severance offer employees should contact an employment lawyer in order to determine what they are owed.

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Severance Packages in Ontario

My daughter was recruited by a company but then COVID-19 hit and her hours and pay were reduced. After notifying the company of her pregnancy her hours were cut even further. She’s worried she won’t have any benefits left while on maternity leave.

Employees in this situation do not have to accept a major reduction in hours or can communicate that they can accept the reduced hours and pay on a temporary basis. After a certain point, however, employees are able to pursue either misrepresentation or constructive dismissal. Employees in these circumstances will have to decide whether or not they wish to continue working at their place of work and should contact an employment lawyer.

My dad was employed for 15 years and was laid off due to the pandemic. He’s since passed away and our family is wondering if we can pursue his severance entitlements. What can we do?

It is possible for the family members of an employee who has passed away to pursue wrongful dismissal. Estate wrongful dismissals can be complicated however it is possible and an employment lawyer should be contacted as soon as possible.