Employment Law Show 640 Toronto – S9 E107

Episode Summary

Notice of resignation, accommodating an employee’s illness, pay reductions, and more on Season 9 Episode 107 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as Toronto Employment Lawyer and Partner Stan Fainzilberg, Associate at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto and the GTA on the Employment Law Show. Stan 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

The Ontario government has recently released Bill 27 with many important changes to the ESA.

Bill 27 introduces a right to disconnect for all workplaces with more than 25 employees institute a policy that allows for employees to disconnect from the workplace outside of regular work hours. This seems to set a tone for the workplace that ensures employees, particularly those who have been working remotely, have a clear distinction between work and personal time. The Bill has also introduced a ban on non-compete clauses in employment agreements.

I was just terminated due to a post I made on my personal Facebook account.  The post had nothing to do with my workplace. Can I be terminated for this?

Employers are permitted to terminate employees for generally any reason as long the reason is not discriminatory and a fair severance package is offered. Employees are generally terminated without cause and if terminated for cause, should contact an employment lawyer to determine their rights and if it is permitted.

How much notice do I have to give my employer if I want to resign?

Employees should look closely at their employment contract to determine how much notice should be given. Employees without a contract are not legally required to give employers notice of resignation. Employees should be careful of resigning during a critical time period for their employer.

Does my employer have to pay me if they’ve called me in for a short meeting?

Employers generally have to pay employees for approximately three hours of time, even if it is a short meeting.

My employer is hesitant to give me a schedule after I was on leave. Are they obligated to accommodate me?

Employees who are permitted to return to work by their doctors and are given necessary accommodations must be accommodated by their employer. Employers who refuse to accommodate employees with a disability or condition could have violated an employee’s human rights. Employees cannot be penalized by their employer due to an illness.

How much time should an employer provide an employee with to review a contract?

While there is no set given amount of time employees should have to review an agreement, a reasonable amount of time should be given. Employers do have to provide an employee with some amount of time in order to seek legal counsel. Employment contracts can contain terminology that could limit an employee’s rights and severance entitlements and should be looked at closely.

Is there a difference between notice and severance pay?

There is often a lot of confusion around notice and severance pay terminology. Under the ESA, notice or termination pay refers to a week per year of service of entitlements. Under common law, notice and severance pay are much more similar; notice can be the time given to employees by employers of when they will eventually be terminated.

My employer is considering eliminating our double pay hours of work which will reduce my wages. Is this a constructive dismissal?

A significant change to the terms of employment, such as a drastic pay reduction, can result in constructive dismissal. Employees have to determine whether or not the pay reduction is significant and if so, should be wary of accepting the change as it permits an employer to invoke a pay reduction in the future. Employers are not permitted to change an employee’s salary or schedule without an employee’s consent.

I got terminated today and was told I have to stick around for a few months. Do I have to continue working?

Employees who have been given working notice have to continue working and cannot resign before that period of time ends. Employees who resign before the notice period ends will not be entitled to any severance entitlements still owed to them. Some employees are still entitled to more severance pay after their notice period ends.

My employer is forcing me to work on a day that is against my religion. Is there anything I can do?

The Ontario human rights code prevents employers from discriminating against employees due to their religion. Employees who are concerned about their rights can file a complaint with the human rights tribunal or consider their employment terminated as their employer has refused to accommodate them.

A person at work keeps harassing me. I spoke to HR but they have done nothing to rectify the situation. I don’t want to lose my job. Who can I speak to about this?

All employees are entitled to work in a healthy and safe work environment free of harassment. Employees in this situation have to determine what their goals are and if they still wish to work at their current workplace. Employees can speak to the Ministry of Labour and file a complaint as well as speak to an employment lawyer, or a doctor and take a medical leave of absence.