Employment Law Show 640 Toronto – S9 E13

Episode Summary

What you shouldn’t do as an employee, constructive dismissal, termination during probation, and more on Season 9 Episode 13 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 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

I’d signed a one year contract but I was let go in two months. My employer told me because it was during probation I wasn’t entitled to severance. Is this right?

If probation has not been agreed upon, it is not implied and is not automatic. If an employee is let go before the term of the contract is over, they are entitled to the balance of the contract.

I contracted COVID-19 at my workplace and I’m better now but I don’t want to return due to how unsafe it is. What should I do?

Employers are obligated to keep their employees safe and healthy and so must take all precautions required by the government. If an employer fails to implement proper health and safety measures, an employee can treat this as a constructive dismissal after filing a complaint with the Ministry of Labour.

Employees should never make assumptions about their legal rights or get information from untrustworthy sources.

Employment law can be confusing and there are many misconceptions that are carried out accidentally. Employees should reach out to an employment lawyer to raise their concerns and ask questions.

Employees should never accept significant changes to the terms of their employment.

Employees do not have to accept significant changes in their employment. By continuing to work despite significant changes, such as a major reduction in wages and schedule, they are considered to be accepted. If an employer has changed terms of employment, it can be treated as constructive dismissal.

Employees should never accept verbal termination.

If an employer has terminated an employee, they are entitled to severance. Verbal terminations make it easier for employers to state an employee has resigned instead and withhold severance payments as a result.

Employees should not resign if they don’t truly want to.

Employees should not resign unless it’s voluntary and should not be pressured into doing so by their employer. Resignations are purely voluntary.

If you are an employee and have lost your job, do not call the Ministry of Labour.

The Ministry of Labour can only advise an employee on their minimum entitlements and not their full common law entitlements. Filing a complaint with the Ministry of Labour also ensures an employee has given up their rights to pursue their severance.

I have an employee who drives directly to the job site but he’s arriving late consistently and sometimes doesn’t show up. What do I do?

Employers have to give their employee in writing warnings detailing the misconduct and the possible repercussions. There should be at least two warnings before a final notice of termination.

LEARN MORE
• Fired for arriving at work late

Employees should not accept an unfair performance review.

Negative performance reviews can be used by employers to let employees go for cause. Employees should properly communicate, in writing,  with their employers if they do not agree with the performance review.

Never sign an employment agreement without having it properly reviewed first.

An employment contract can potentially limit an employee’s rights. Employees should contact an employment lawyer to review a contract before signing the employment agreement.

I worked at a trucking company and I was let go without warning. I was still owed money when I was terminated. What can I do?

An employee cannot be let go because they are trying to enforce their rights, such as requesting compensation that is owed to them; it is considered a reprisal. If an employee is terminated without cause in Ontario they are also owed severance entitlements.

An employee should never forget to stay in touch with their employer while on disability leave.

It is important to keep in touch with an employer while on disability leave in order to keep them updated so that an employer does not make assumptions regarding their employment.

My severance letter says if I find another job I will no longer receive severance payments. Is this right?

Generally, it can be negotiated that severance payments can be paid in a lump sum. It is important not to sign a severance offer without contacting an employment lawyer.

My employment was terminated online as I tried to check what my schedule would be. I never heard from my employer. Is this allowed as it was a new job?

Probationary periods have to be agreed too and are not automatic. If an employee is terminated and had not consented to probation, they are entitled to severance even if their length of employment was short.