Employment Law Show 640 Toronto – S9 E11

Episode Summary

What can employers expect from employees, temporary layoffs during COVID-19, and more on Season 9 Episode 11 of the Employment Law Show on Global News Radio on 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. Jon 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

I’ve been laid off due to COVID-19 and I’m in my mid-sixties. I haven’t been recalled but many younger employees have. What are my options?

Temporary layoffs do not have to be accepted by employees and can be treated as a termination. Employers also cannot discriminate against an employee’s age, it is a human rights violation.

I’ve been working from home and had to quarantine recently due to COVID-19. After informing my employer, I was told I would not be working and won’t be paid.

An employer has to pay an employee if they are still able to do their job and their abilities are not impacted despite working from home.

Can my employer put me on a temporary layoff due to COVID-19?

Temporary layoffs are not legal and do not have to be accepted by employees. Employees can choose to accept the layoff if they wish to but can instead treat it as a termination and seek severance.

I was diagnosed with carpal tunnel but my HR department has informed me they won’t sign off on WSIB forms because I waited too long. Is this true?

Employers can try and convince WSIB that they don’t have to cover an injury whether or not it is work-related however they cannot prevent employees from applying to WSIB.

Can my employer change my hours of work?

A significant change in hours and compensation without an employee’s consent can lead to a constructive dismissal. Despite the pandemic, this has not changed.

Can my employer refuse to let me work from home?

There is no legal requirement that an employer has to let an employee work from home. However, due to the recent stay-at-home order in Ontario and employer has to allow employees to work remotely if they are able to do so.

Can my employer put me on a performance improvement plan?

An employer can put an employee on a performance improvement plan as long as it is legitimate and there is a basis for it. Performance improvement plans cannot be used as an excuse to push an employee out. Employees who do not agree with an improvement plan should communicate with their employer.

My brother works for a big box store and when he signed on he agreed they could change his hours if needed. Does he have any recourse now?

An employer through an employment agreement is able to give themselves rights they otherwise would not be able to. Changing hours however does not necessarily mean changing a shift completely. The details agreed to in an employment contract matter and it is important to contact an employment lawyer.

I was injured on the job and there’s lots of pressure from my employer to make deliveries quickly. I signed up for WSIB but I was denied because it was during my lunch hour. Is this right?

If an employee is injured and unable to work they need to provide a doctor’s note to their employer but should not try to return to work if they are unable. An employer who refuses to accommodate an employee’s needs, an employee should contact an employment lawyer.

I had surgery after an injury and was informed that it had not healed despite being in recovery for a while. I’m not sure where I stand with my caseworker.

It is important to contact a disability lawyer and what is required in order to communicate properly with WSIB and move forward.

When severance is paid in a lump sum how much income tax is withheld?

It will matter how much an employer has to withhold and depend on how much income an employee receives during the year that will determine how much the CRA gives back or has to be paid.

Can my employer pay me less than other employees?

An employer can pay an employee less compensation as long as the reduction is not discriminatory i.e. women paid less than men, or older employees less than younger, etc.

My employer has informed me that I’m working fewer hours than I actually am. As a result, my pay has been reduced. What should I do?

If an employer can prove that an employee worked fewer hours they can pay an employee less. In order to reduce pay, there has to be proof. If there is no proof, this can be treated as constructive dismissal.

Can my employer make me come back to work contrary to my doctor’s opinion?

An employer cannot force an employee to return to work despite medical advice. Only a doctor can clear an employee with a medical condition to return to work and provide possible necessary accommodations.

Can my employer force me to work overtime?

Generally, an employer cannot force an employee who has not traditionally worked overtime to do so. There are exceptions however if there is a history established that an employee worked overtime if asked to do so, it is considered implied consent.