Employment Law Show 640 Toronto – S9 E14

Episode Summary

Why employees accept bad severance packages, shift changes, duty to accommodate, and more on Season 9 Episode 14 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as Employment Lawyer and partner Jon Pinkus, Associate at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto and the GTA 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’m not sure if my employer has appropriately filled out my ROE. This could affect my E.I application. What should I do?

A code on a record of employment is not enough of a reason to deny an employee from receiving employment insurance. Employees who have been let go without cause are also entitled to their full severance entitlements.

My company was bought by a U.S company and their new offer has a termination clause that limits my severance. What are my options?

Employment with the previous company is technically considered to be terminated in this situation. The new offer of employment should be looked at closely in terms of recognizing past service with the previous employer. Limiting severance entitlements and denying past service might not be comparable to the previous position.

If someone is suing for wrongful dismissal, is there a way to maximize the settlement so that the taxes payable are reduced?

There are scenarios in which damages can be paid without tax. The pre-requisite for no tax has to be an issue of bad faith or behaviour that is separate from the termination that warrants damages.

I’m a manager and my employer has let me go with 18 months of working notice. However, my commission has been taken away and I’m being demoted.

Employers are permitted to give an employee working notice but they have to maintain the terms of employment of the employee. Significant changes to an employee’s terms of employment can be grounds for constructive dismissal.

I want to reduce my hours due to a medical condition with my doctor’s support. Can my employer refuse to accommodate me?

An employee has to request a note from their doctor the type of accommodation an employee needs from their employer and workplace. An employer has a duty to accommodate an employee with a medical condition. An employer has to prove they cannot provide the accommodations if they refuse.

Employees accept bad severance packages as they don’t realize they are entitled to more.

Employees mistakenly believe they are entitled to a minimum amount of severance and not their full severance entitlements. Employers typically also offer minimum entitlements as many are unaware of what they are truly entitled to.

Employees mistakenly rely on the Ministry of Labour for their severance entitlements.

The Ministry of Labour administers the Employment Standards Act, they are not allowed to talk to individuals about the full severance entitlements of an employee.

Employees accept bad severance packages as they are worried about upsetting their former employer.

While upsetting an employer is an understandable stressor, employees should note that severance negotiations do not have to be stressful or tedious.

My daughter took time off from her work but let her employer know she’s ready to return. Her employer has said her usual shift is not available. What can she do?

If the change in schedule is temporary it is within an employer’s rights to implement a shift. However, if this is a permanent change implemented by an employer, an employee has a right to pursue a constructive dismissal as it is a breach of contract.

Employees accept bad severance packages due to deadlines set by former employers.

Termination letters always have deadlines however they are used to pressure an employee to sign the release. Severance packages that are offered are typically drafted because the employer has to offer it. Refusing to sign a release indicates an employee could pursue further entitlements.

Employees accept bad severance packages as they assume they were terminated for cause.

In order for a termination to be determined for cause, significant misconduct by the employee has to be proven by the employer. Terminations for cause typically imply an employer does not have to offer severance.

I was let go after I was in an accident due to a drinking problem. My employer was previously aware of my addiction. What do I do?

Alcoholism is considered a disability and if an employer was aware of it and penalized an employee as a result, it is considered a human rights violation. Contacting an employment lawyer in this situation is important as there are many factors to take into consideration.

I was considered an independent contractor and let go by my employer on an hourly basis. I was not offered vacation pay. Am I entitled to anything?

Individuals are often misclassified as independent contractors when they are actually employees that are entitled to severance. If an employee finds new employment soon after termination, they will likely only be able to pursue to their minimum severance entitlements.