Employment Law Show 640 Toronto – S9 E16

Episode Summary

Not recalled from a layoff, new contract agreements, severance packages without incentives, and more on Season 9 Episode 16 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 worked for a major bank and was diagnosed with MS. With my doctor’s support, I could work but needed modified duties. My employer refused to follow my doctor’s advice. Is this legal?

An employer has a duty to accommodate an employee’s needs if they have a condition that is supported by their doctor. A refusal to accommodate is considered a human rights violation and is not legal.

I’ve been laid off due to COVID-19 and still awaiting a return. I’m the sole employee who hasn’t been recalled, and significantly older than my colleagues. What should I do?

An employee who has been temporarily laid off can choose to treat the layoff as termination and pursue their severance entitlements. Additionally, employees cannot be terminated or discriminated against due to their age, this is a human rights violation.

Can I be fired from my job because of COVID when other employees with less seniority, are still working?

Unless it is age discrimination, an employee can be let go for any reason as long as if terminated they are offered severance.

How do you prove an employee was under the influence after an accident occurs?

In order to prove an employee could have been under the influence and caused an accident, a drug test would have to be administered. The test would have to prove they were under the influence during the time of the accident.

My employer has recently given me a new contract that changes my compensation structure. If I’m let go, will my severance take into account my previous years before the new contract?

A new employment agreement does not cancel out seniority. It is important to remember not to sign a new contract agreement without first consulting an employment lawyer as a new agreement could potentially limit other entitlements and rights of an employee.

Do I have to disclose to my employer what I’m having surgery for?

An employee does not have to disclose the specific reason they are having surgery to their employer and simply has to inform their employer they are unable to work with their doctor’s support. If an employee is applying for disability benefits, they will have to disclose certain medical information to the insurer so they can determine whether or not the employee is able to work.

My boss gave me working notice and I was upset so told him I’d be leaving right away. Do I still get severance?

Employers are permitted to give an employee working notice. If an employee chooses to leave before the end of their working notice, it is considered a resignation and not a termination, and are no longer entitled to severance.

My company has been sold and the new employer’s contract states we can’t play the lottery. What happens if we play and win?

If an employee agrees to terms in a contract but breaks the policies outlined, an employer has a right to discipline that employee for a breach of contract. If there are repeated breaches of policy, an employer could have grounds for a for-cause termination.

My severance offer didn’t include my commission, just salary, as my former employer said they were no longer paying incentives. Can they do this?

Severance entitlements do have to take into account the terms of employment at the time of termination, which includes bonuses and commission. This is considered a wrongful dismissal and an employee should contact an employment lawyer.

Due to COVID-19, my employer has been regularly late in paying me. Is there something I can do?

Employees can file a complaint to the Ministry of Labour. An employee who has not been paid consistently by their employer can also choose to treat this as constructive dismissal.

I’ve been with my company for two years and I’m being head-hunted by a competitor. If I choose to leave, will my years of service with my former employer be carried over?

Employees that are actively recruited or head-hunted, could carry over seniority to the new position in terms of future severance entitlements. However, it is important to remember what is agreed upon in an employment agreement that could limit severance or implement probationary periods.

I’ve missed work on several occasions due to a medical issue. My boss told me if I miss any more work, I shouldn’t come back. Can he do this?

An employee can be as off as long as needed as long as their doctor corroborates the medical condition.

I quit my job after my employer refused to pay me thousands of dollars in overtime pay. Is there something I can do to get the money owing?

A complaint should be filed to the Ministry of Labour if an employer has refused to pay their employees the compensation that is owed. A failure to pay is also considered grounds for constructive dismissal, and even if an employee has resigned in this situation they would be owed severance.

My husband has been working on a commission for years but the recent hires have been salaried. He’s no longer getting orders and his clients are getting angry. What should he do?

It is important for an employee in this situation to outline their concerns to the employer. If the concerns are still not addressed, it could be considered a constructive dismissal.