Employment Law Show 640 Toronto – S9 E103

Episode Summary

Severance pay myths during COVID-19, vaccination as a term of employment, and more on Season 9 Episode 103 of the Employment Law Show on Global News Radio on 640 Toronto.

Listen below as Employment Lawyer Alex C. Lucifero, 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 without and for cause, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, independent contractors, temporary layoffs and more.

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Episode Notes

I’ve been employed for 32 years and I’m a supervisor in my late 50s. I was told by my employer I had to be vaccinated and was eventually let go and offered four months of severance. Is this right?

Employees who have been following all health and safety measures and work in an industry in which there is no government mandate regarding severance, cannot legally be penalized by their employers. While it is impossible to prevent an employer from letting an employee go, the terminated employee in question is owed their severance entitlements. Severance pay in Ontario is based on the age of the employee as well as the length of service and the position. Longer service employees can be owed up to two years of severance.

Can an employer ask for proof of vaccination in order to be hired?

There could be an argument that requiring proof of vaccination is potentially discriminatory on the basis of perceived disability. An unvaccinated employee can be seen as potentially disabled. It is not clear at this time, from a court or a human rights tribunal, if this is legally permitted. Employees who are unsure of their rights should speak to an employment lawyer.

Do employees only receive one or two weeks of severance pay per year of service?

Severance is not limited to one week per year of service or of employment. Severance entitlements are based on numerous factors, but the major factors are the age of the employee, the position and the length of employment. Employers are often unaware of all of the factors that determine an adequate severance package.

My wife is a nurse and their pay structure has been changed. She’s not able to make her overtime hours and is losing money. Should she sign this agreement?

A significant change in the terms of payment and compensation can result in constructive dismissal. Major changes cannot be implemented to the terms of employment by an employer without an employee’s consent. Employees do not have to accept the changes and can treat the reduction in pay as termination and pursue their severance entitlements.

Are employees not owed severance if they were terminated for a good reason?

Employees are not entitled to severance if they have been let go for cause. It is very difficult to terminate employees for cause, particularly due to their vaccination status. Employees who have been terminated due to their vaccination status, and are not working in a sector with a government mandate, are owed their full severance entitlements.

Do employees lose their rights to severance if they do not accept an offer by the deadline?

Employers often impose severance deadlines in order to pressure employees to accept the initial severance offer. It is important for employees to remember that employees can pursue their severance entitlements for up to two years after the initial date of termination. Severance calculations do not change based on an employer’s deadline.

I’m a marketing manager for a local company and have been working from home. My employer is requesting I return to the office. Can they force me to return?

Employees who have been working from home only due to the pandemic can be requested to return to the office. Employers are obligated to provide a healthy and safe work environment for all employees but do have a right to ask employees to return. Employees who are concerned about returning to the office can speak to their employer about their concerns. Employees who have always worked from home, and it is a term of employment, cannot be forced to work at the office.

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Lior Samfiru, Global News, Returning to the office from remote work

What should you do if you’re offered a new employment agreement?

Employees should be wary if they are offered an employment contract after already being employed. New employment contracts often contain terms that seek to limit an employee’s rights to severance entitlements. Before agreeing to a contract, employees should speak to an employment lawyer.

What can an employee do if they are being harassed at the workplace?

Employees are entitled to a healthy and safe work environment free of abuse and harassment. Employees who have been harassed at the workplace should document in writing the incidents that took place and communicate their concerns with the appropriate party, such as HR or the employer. Employers are legally obligated to investigate complaints of harassment.