Employment Law Show 640 Toronto – S9 E106

Episode Summary

What you should never do before contacting an employment lawyer,  vaccine policies, and more on Season 9 Episode 106 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. Lior 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

My employer wants me to be vaccinated by the end of the year and if I’m not they won’t give me my bonus. Is this allowed?

Employers are not permitted to penalize employees based on their vaccination status, such as withholding compensation. Employers are allowed to terminate employees and offer adequate severance. Employers in this situation who refuse to pay a bonus could be considered to have constructively dismissed their employees and would owe the annual bonus as well as severance entitlements.

I signed a four-year contract with my employer six months ago. Recently I was told I had to be vaccinated and I was let go when I refused. I was not paid any severance. What can I do?

Unless there is a government mandate in place, employees who are let go due to their vaccination status cannot be terminated for cause and are legally owed their severance entitlements upon termination. It is also important to note that employees who are let go before the end of the fixed-term contracts are owed the balance of their contract and in this case, it would be three and a half years.

My daughter is working under reduced hours and has been for some time due to COVID-19. This now seems like it’s going to affect her maternity benefits. What can she do?

Employers do not have the right to reduce an employee’s hours or pay significantly without an employee’s consent. It is important for employees who do not wish for changes to be implemented, to voice their dissent to their employers. Employees who accept a supposed temporary change for a long period of time, are considered to have given implied consent.

I signed a contract that stated that I would be employed after undergoing training. According to the ESA, there should have been a specified amount. Was this a wrongful deduction?

Employees who have signed an employment agreement that stipulates employers are owed a certain percentage can deduct wages. Employees who wish to pursue compensation that is still owed to them by a previous employer can file a complaint with the Ministry of Labour in order to receive what is owed to them.

Employees should not quit their jobs due to vaccination policies.

Many employers have implemented vaccine policies in the workplace and most workplaces have a percentage of employees who are unvaccinated. Employees who do not wish to be vaccinated should not resign from their position as employees who resign are not entitled to any severance pay. In most cases, it will be beneficial for employees to be terminated by their employers as they will be owed their full severance entitlements unless they were in a sector in which there is a government vaccine mandate.

Employees who are in a temporary layoff situation should contact an employment lawyer before waiting to be recalled back to work.

Many employees across the province have been waiting to be recalled back to work and are on a temporary layoff. Employees have to remember that they do not have to wait to be recalled to work and can consider the layoff as a termination of employment and pursue their severance entitlements. Employees do not have to accept a temporary layoff as a result of the pandemic.

I’m a nurse and will be placed on leave as a result of my vaccination status. Am I owed my sick time or any severance upon termination?

Union employees are not entitled to severance upon termination however they can file a grievance with their union representatives and try and retrieve their position as well as back-pay.

Is my wife entitled to overtime pay? She’s in an administrative role and frequently works over 44 hours a week and is a salaried employee.

Employees who are not in a manager position are entitled to overtime pay if they have worked over fourty-four hours a week. Overtime hours are calculated at time and a half for employees and employees are still entitled to it if they are salaried. Employees who feel they have not been adequately compensated can contact an employment lawyer or file a complaint with the Ministry of Labour.

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• Overtime Pay in Ontario

Employees should not make assumptions as to their status if they are independent contractors.

Many individuals are unaware of the fact that they are actually employees and not independent contractors. Individuals who go to work routinely every day, and report to another person as well as do not have control over their compensation and clients, are in fact employees. While employers can incorrectly title their workers, only the law classifies whether or not an individual is an employee or not.

Employees should never sign a severance letter before contacting an employment lawyer.

Upon termination employees have significant financial entitlements and they are rarely offered an adequate severance package by their employers. Employees who agree to an initial severance offer cannot decide after the fact that they are owed more compensation. Employers often pressure employees to sign the initial severance offer by implementing a deadline, however, employees have up until two years after the initial date of termination to pursue severance.

Employees should not accept a medical accommodation by their employer that does not follow their doctor’s recommendations.

It is important to remember that employees who require accommodations that are governed by a medical condition can request the necessary requirements from their employers. Employers have a duty to accommodate an employee’s medical condition if they have a doctor’s support. A refusal to accommodate an employee can be considered a potential human rights violation.