Employment Law Show 640 Toronto – S9 E15

Episode Summary

The Canada Sickness Recovery Benefit, contractors vs. employees, performance reviews, and more on Season 9 Episode 15 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as 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.

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Episode Notes

A contractor has a  contract and that is coming up for renewal. However, the property managers entered negotiations knowing they would not renew the contract.

An employee in this situation has a right to expect negotiations to continue in good faith. The Supreme Court ruled that the property managers misled this contractor as he believed the contract would be renewed. The contractor was awarded the value of the contract.

Has there been an update on the Canada Recovery Sickness Benefit?

The Canada Recovery Sickness Benefit program is available to Canadians who have COVID-19 related symptoms and are worried about going to work.

My employer is removing my annual bonus as they say they cannot pay it. It’s a substantial part of my compensation. What do I do?

If a bonus or commission is a regular part of an employee’s compensation, reducing it or removing it completely is a fundamental change to the terms of employment. This can be considered grounds for constructive dismissal.

My friend has a business and one of his sales reps asked to raise the price of an item. The salesman got the extra money he shouldn’t. Can my friend adjust the compensation?

It will depend on what the initial agreement was between employee and employer. In order to change the terms of employment, an employer has to notify the employee. An employee has the choice of whether or not they want to agree to the change.

What do you need to have to be considered a subcontractor instead of an employee?

The main factor in determining whether an individual is an employee or not is the amount of control they have over their employment; how much exclusivity an individual has or are they free to work for other employers.

How do I know if I’ve been wrongfully terminated?

Employees can be let go by their employer for any reason as long as they are offered a fair severance package by their former employer.

I was on leave for migraines with agreement from my boss. Upon my return, I was relocated without my consent. Can he do that?

A significant change, such as a relocation, must be agreed upon between an employer and employee. if an employee has not consented to a relocation, it can be grounds for constructive dismissal.

I was recently terminated but told I had to stay until a certain point. Do I have to agree to this?

This is considered working notice. An employee is entitled to notice so that they can prepare for the eventual termination. If an employee decides to leave before the end of the working notice period, it is no longer considered a termination but a resignation.

I have been let go from my current job. I was at a bigger company before this and was recruited for this position. What can I do?

If a company has recruited an employee from another secure position with the implication it would be a long-term employment, they are obligated to include the previous years of service in severance entitlements.

I’ve been at my job for years and we had a benefit drug package. My doctor called to let me know that my employer had cut off my insurance benefits. What do I do?

An employer cannot cut off an employee’s benefits without notifying the employee and without their consent. This is a significant change to the terms of employment, and an employee can consider this as grounds for constructive dismissal.

Can I be fired for not following the provincial health guidelines regarding COVID-19?

An employer has to maintain certain health and safety standards at the workplace. If an employee has refused to follow health and safety guidelines, they are effectively ensuring their employer is liable. This can be considered grounds to be let go for cause termination.

What can I do to fight a company performance improvement plan that is completely baseless?

Performance improvement plans are typically subjective. An employee can disagree with their performance review and should communicate with their employer in writing if they do not agree.

My employer let me go before my annual bonus was paid. Can they withhold the bonus payment from me?

If an employee has met the normal requirements needed in order to make the bonus, they are entitled to it despite being let go from their employment. An employer cannot choose to hold an employee’s compensation in bad faith.