Employment Law Show 640 Toronto – S9 E24

Episode Summary

Let go with severance but no benefits, returning from medical leave, constructive dismissals and more on Season 9 Episode 24 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. Lior 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 was let go from my job after 24 years as they’ve moved my job to the U.S. I was offered two years severance but I asked for benefits as well. How does this work?

Severance entitlements are based on the age of an employee, the length of service as well as the position. The maximum amount of severance is typically around two years that includes a bonus, pension, benefits, etc.

I was on medical leave for months and after my return, the manager informed me I was no longer part of the committee. Are they allowed to do that

An employer is not required to keep employees on the committee while they were away for medical leave, as long as it does not affect the employee’s compensation.

How long do you have to pursue a constructive dismissal?

A former employee has up to two years to pursue a constructive dismissal after the dismissal or change occurred.

I was recently let go after 9 years. I was offered 9 months of severance but the apartment I stayed in during my employment was undervalued and affected my EI. Is this right?

Severance has to include other factors of compensation, not just salary and benefits but also the value of the location lived in and possible future employment.

I’ve been laid off since last year after 18 years. I was going to ask for my severance but my health has deteriorated, does this change anything?

If a medical condition is serious it is important to apply for disability benefits as an employee might not be able to work for a long period of time.

If you have to isolate for COVID-19, can your employer legally terminate your employment?

An employer cannot penalize or terminate an employee due to covid-19 and following health and safety regulations implemented by the government.

Can you be terminated legally for asking for owed compensation such as vacation pay?

Employees have a right to voice their rights and enforce what is owed to them, such as overtime pay, vacation pay, etc. An employer cannot penalize or terminate an employee if they ask or enforce what is legally entitled to them.

Can an employee be let go during a fixed-term contract?

If an employee was hired for a specific amount of time if they are let go before the contract is over, they are owed the balance of the rest of the contract.

I employ salespeople and sometimes they don’t perform well. How do you handle the situation when they don’t try?

Employers should performance manage their employees, in writing, if they feel they are not performing well. Outlining concerns and expectations as well as possible solutions for employees is important for employers to offer employees who are struggling.

My wife has been working at a department store for 9 years and works about 36 hours a week. Due to COVID-19, she wasn’t able to work. If she returns, can they terminate her due to her age?

An employer can let an employee go for nearly any reason but the reason cannot be determined on their age or any other discriminatory factor. Upon termination, they would then be entitled to severance based on their length of service, age and position.

My business was shut down for 6 weeks due to COVID-19 but I was paid. But now I asked for my holiday pay and they’ve refused to give it to me as I was paid when we were shut down. Is this right?

An employer can schedule vacations for employees and can internally treat the time off as a vacation. An employer was not required to pay an employee while the business was shut down and is legally allowed to treat the time as a scheduled vacation.

Can you be legally terminated after a return from maternity or parental leave?

Employees returning from maternity and parental leave can’t be terminated by their employer. Employees are permitted to take their full leave and must be given their position upon return or a comparable position.