Employment Law Show 640 Toronto – S9 E17

Episode Summary

Temporary layoffs, short service employee severance, harassment at work, and more on Season 9 Episode 17 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.

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Episode Notes

I was told I would be paid as an independent contractor and to sign a new agreement saying I’m no longer an employee and not eligible for severance. I was offered a payout upon signing a release. What should I do?

Before signing a new contract or a termination release, it is important to contact an employment lawyer. It is important to note that many individuals are often misclassified as independent contractors when they are actually employees and are owed severance entitlements.

My husband was a delivery truck driver and is currently on LTD. His employer offered him severance but will his LTD be cut off if he’s terminated?

Severance packages should factor in the salary, age, and length of service of an employee as well as the position. Termination of employment does not mean long-term disability benefits will be cut off. As long as an employee qualifies under company policy and coverage, benefits should continue.

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Severance packages for truckers

I’ve been at my company for over 30 years and I was offered 14 months severance pay. I was also never paid OT as I was a manager. Is this right?

It is important to note that an employee who is classified as a manager has to have the actual duties and authority of a manager at their position. Overtime hours should be kept track of and submitted to an employer even if it is not paid.

My wife is in a toxic work environment and wants to quit. What can she do moving forward?

Employees in a workplace that feel they are being harassed should file a complaint to possibly HR and ensure an investigation is carried out. If this situation is not remedied, there could be grounds for constructive dismissal.

What is a temporary layoff and how is it different than a regular termination?

Typically a temporary layoff is no different than a termination, as it not legal unless consented to by an employee. A temporary layoff can be treated as grounds for constructive dismissal.

Is an employer allowed to temporarily layoff an employee?

An employer can only temporarily lay off an employee if they have consented to it as a term of employment.

If I am temporarily laid off what should I do?

Employees who have been temporarily laid off should evaluate whether or not they wish to remain with their employer and are willing to wait to be recalled to work. Employees who wish to pursue their severance entitlements should treat the layoff as termination and contact an employment lawyer.

How much severance are employees who are temporarily laid off entitled to?

Severance calculations factor in age, years of service of an employee, position, and the potential to find new employment.

What happens when an employee is recalled from a temporary layoff?

Employees need to properly determine whether or not they want to return or refuse a re-call to work due to significant changes to their position.

Can an employee specify terms that allow for a sole temporary layoff that cannot be implemented again?

Employees who are inclined to help out their employers who have had difficulties in dealing with the pandemic can outline the terms of a temporary layoff but should communicate it is a one-time event.

My employer placed me on a layoff he calls a “deemed leave”. Can I get severance?

Employees in this situation could have a case for constructive dismissal and so would be entitled to a severance package. It is important to contact an employment lawyer.

I’ve been employed for one year and was offered one-month severance. Is this a good severance package?

Severance is not only determined by the length of service but also the age of an employee, the position, and salary. Short service employees can sometimes be entitled to up to six months severance pay.

What should I do if my employer is building a case against me?

Typically an employer who is building a case against an employee implements a performance improvement plan or sends out repeated warning letters. An employee should state their disagreement in writing with the reports their employer has given them.

I’ve been currently laid off with the intent to return to work. Am I giving up any rights to severance?

An employee in this situation should notify their employer in writing that they will not agree to a layoff in the future and consent to the current layoff was due to an extraordinary situation.

What should you do if you’re offered a new employment agreement?

New employment contracts often seek to restrict the rights of an employee i.e. severance entitlements, and termination clauses. Employees that are offered a new agreement do not have to sign and should contact an employment lawyer.

What should you do if you’re experiencing harassment at work?

Employees have a right to a safe and healthy work environment. If an employee feels they are being harassed at their workplace, a complaint should be filed with their HR or employer. Complaints should be followed up with and documented in writing and if the situation is not remedied, contact an employment lawyer.

I’ve become really sick and don’t think I’ll ever be able to return to work. What should I tell my employer?

Employees who have a medical condition should ensure they have their doctor’s support and confirmation they are unable to return to work.  Employees who are unable to return to work will be entitled to their minimum severance entitlements.