Employment Law Show 640 Toronto – S9 E108

Episode Summary

Bad times to terminate employees, layoffs, harassment at the workplace, and more on Season 9 Episode 108 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.

Listen to the Episode

Episode Notes

Employees who have been laid off due to COVID-19 in Ontario can be kept on a layoff under IDEL until July of 2022. What can employees do?

Employees who are on a temporary layoff do not have to accept it despite the pandemic. Most temporary layoffs are illegal and can only be imposed upon employees if they have previously agreed to them. Employees who refuse to accept a layoff can treat the layoff as termination and pursue their severance entitlements.

I was let go recently and am waiting on my last paycheque. How long does my company have to pay me what is owed?

Employers have typically a week or until the date of the next payday to compensate employees with outstanding compensation such as wages and vacation pay. Employees who have been recently terminated should speak to an employment lawyer before agreeing to an initial severance offer as typically, employers do not offer adequate severance.

Can an employer terminate employees if they ask about a disability leave or upon return from a leave?

It is not advisable for employers to terminate employees surrounding a disability leave. It is not permissible to penalize employees due to a disability or for taking disability leave, whether that be termination or a reduction in pay, hours, etc. It is considered discriminatory to penalize employees based on a disability.

Can an employer terminate an employee when they have raised concerns over a colleague’s behaviour?

All employees have a right to work in a healthy and safe work environment free of bullying and harassment. Employees who have experienced bullying and harassment should raise their complaints with their employer or the appropriate department at their workplace. Employers have an obligation to investigate an employee’s claims and cannot penalize the employee for voicing complaints as it is illegal and considered a reprisal.

Should employers terminate employees before they are owed a bonus or commission payment?

Some employers terminate employees before they are owed a bonus payment in order to save money. Employers, however, would owe a terminated employee an adequate severance package which would include bonuses and any other manner of consistent compensation.

My employer let me go because they said I don’t work fast enough. I’ve never had a complaint before. Can they do this?

Employers are permitted to terminate an employee without cause as long as they are not terminated due to discriminatory reasons and are given severance pay. Employees often incorrectly assume that wrongful dismissal is related to the reason for the termination when it in fact is related to adequate severance entitlements.

Can my employer terminate me if I have just returned from maternity leave?

Employers cannot penalize or terminate employees who are returning from maternity or parental leave. Employers are obligated to find a comparable position for employees returning from leave if the prior position is no longer available. It is illegal to terminate employees based on pregnancy or taking maternity leave.

Are employers able to terminate employees before their contract ends?

Employees who are let go before the end of their fixed-term contracts will be owed the balance of their contract in compensation unless there is a termination provision included in the agreement. Employers often include incorrect or unenforceable termination language in employment contracts.

Can employers terminate employees right before the holidays?

Typically employers do not terminate employees before the holidays however it does occur. Employers should be wary of terminating employees before a vacation or scheduled time off as it could result in potential damages.

What can employees do if they have been put on a performance improvement plan?

Employees who have been put on a performance plan could be at risk of being terminated by their employers. Improvement plans are typically imposed by employers in order to build a case for termination. Employees should listen to their employer’s plan and work to the best of their ability but be mindful of possible termination.

WATCH TO LEARN MORE
Employment Law Show Season 6 – Put on a Performance Improvement Plan

Do I have to accept my termination for cause? I don’t believe I did anything wrong.

Employers often incorrectly terminate employees for cause. It is difficult to prove termination for cause and should only be implemented by employers if there were no alternatives to correcting an employee’s behaviour other than termination. In order to be terminated for cause, employees have had to exhibit gross misconduct and be disciplined before being terminated.

My boss is rude to me constantly and puts me down in front of my co-workers. I spoke to HR but nothing has been done. This has affected my work. How do I make this harassment stop?

Employers have a legal obligation to investigate claims of harassment and abuse at the workplace. Employees who feel their complaints have not been adequately addressed should contact an employment lawyer in order to determine their next steps.