Employment Law Show 640 Toronto – S9 E18

Episode Summary

Severance calculations, former employers owing payments, not recalled from a layoff, and more on Season 9 Episode 18 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.

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Episode Notes

I was off work for a few months due to a medical reason and when I returned I was asked to sign a new agreement. But then when I was laid off I was given less severance. What do I do?

An individual should not sign employment contracts without first contact an employment lawyer. New employment agreements however have to offer something new to employees if they agree to sign, and if they do not, are not binding.

What should an employee do if they are owed money from their employer and haven’t received it?

If an employee is owed compensation and has not received it they should first file a complaint with the Ministry of Labour or contact an employment letter to get in touch with their employer.

My wife tested positive COVID-19 and I informed my employer and was let go for cause. Is this right? I didn’t know she had COVID-19 when I first came into work.

It is very difficult to prove a for-cause termination for many employers. In this situation, unless an employee willfully filled out a form with inaccurate information. Employees should be responsible if they feel they have been exposed to COVID-19.

If an employee is based in Ontario but has a remote job in the U.S.A, what employment laws are applied to them?

Employees who are working remotely in another country are still governed by the employment laws in the region they are physically based in, such as overtime, vacation pay, etc. Ontario courts can impose obligations on an American company.

How accurate are Samfiru Tumarkin’s severance assessments?

Samfiru Tumarkin’s assessment of severance is an assessment of what employment law states should be provided to an individual based on several factors.

What does “taking legal action” entail for employees?

Taking legal action against an employer does not automatically mean the case will go to court and in fact, it is usually rare particularly in employment cases. Legal action can take the form of mediation and usually results in an amicable solution.

I’ve been laid off since last year and I haven’t been recalled. At what point can I ask for my severance?

Employers do not have an automatic right to temporarily layoff their employees. Employees who have been temporarily laid off can choose to treat the layoff as a termination and pursue their severance.

Do employees accrue more time to their severance while they have been laid off?

Layoffs can be treated as termination from the initial layoff time period and so there would be no accrual or employees can choose to treat the layoff period as waiting to be called back and could potentially accrue more severance. Ultimately, it is up to the employee to make a decision on when they consider their employment terminated if laid off.

How do you calculate severance for employees in specialized industries?

Severance assessments should take into account how long it will take for an employee to find future employment. Specialized industries could indicate that it could take a longer time for an employee to find employment and increase severance entitlements.

I worked part-time for ten years and I was laid off and I can’t contact them now. Do I have any recourse here?

If a company is formally bankrupt there is not much recourse for past employees. If however, a company is not bankrupt and is just shut down there are investigative tools that can be employed as there are still assets available. Part-time employees are still entitled to severance payments.

Do non-compete clauses affect potential severance entitlements?

Non-compete clauses in contracts are rarely enforceable however an employer can try and enforce them. Non-compete clauses could impact severance as the clause could make it more difficult for an employee to find future employment.

What should an employer do to prove a for-cause termination?

The misconduct has to be severe in order to qualify for for-cause termination. In most cases, misconduct is not as significant and employees should be given warnings by their employer.