Employment Law Show 640 Toronto – S9 E22

Episode Summary

Layoffs while on disability leave, COVID-19 workplace red flags, returning to work after a COVID-19 diagnosis, and more on Season 9 Episode 22 of the Employment Law Show on Global News Radio on 640 Toronto.

Listen below as Employment Lawyer Alex C. Lucifero, 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’m in my early 70s and have been with my employer for over 30 years. I was temporarily laid off recently. What are my rights?

Employees do not have to accept a temporary layoff and can choose to treat the layoff as a termination and pursue their severance entitlements. Employees who do not want to be laid off or terminated should contact an employment lawyer if they wish to be recalled to work.

I’m on disability leave and we just had a round of layoffs. If these layoffs become permanent, do I also lose my job?

An employer cannot terminate an employee due to their disability as it is a human rights violation.  However if there is no longer work available, an employer can terminate an employee on disability leave as the termination is not related to the disability itself.

After being recalled from a temporary layoff, is it a red flag if your employer asks you to sign a contract?

Employees that are asked to sign a new employment contract should not sign before contacting an employment lawyer. Contracts can potentially limit the rights employees have in regards to severance entitlements among other workplace rights.

Can your employer reduce your pay due to COVID-19?

Employers cannot significantly reduce an employee’s compensation as a result of the pandemic. Significant changes to terms of employment, such as a major decrease in compensation, can be treated as a constructive dismissal by employees.

I’ve been with my employer for 10 years and I recently contracted COVID-19. I’ve been off for a month and can only do part-time when I return. What happens if my employer doesn’t accept this?

Employers have a duty to accommodate employees who have a medical condition or need help. Employees who need to have certain accommodations upon a return to work need to have their doctor’s support and a note to inform their employer of what is required.

Can my employer increase my workload as they have laid off other staff?

Many workplaces have shifted as a result of the pandemic and have undergone restructuring. However, employees that haven’t been let go or temporarily laid off have had increased workloads. Employers however have to receive consent from their employees on significant changes to their terms of employment, such as an increase in duties and responsibilities.

Can my employer refuse to renew my contract due to a decrease in business?

If an individual is on a contract and classified as an independent contractor, but works exclusively for a sole employer, they are technically an employee and so are entitled to employment rights such as severance entitlements.