Employment Law Show 640 Toronto – S9 E25

Episode Summary

A change in schedule, severance calculations, employees with disabilities, and more on Season 9 Episode 25 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

How long are employees required to stay on a temporary layoff without a recall?

Employees do not have to accept a temporary layoff from their employer and can treat the layoff as a termination and pursue their severance entitlements.

My employer informed me my commission structure at work would be changing. I was assured I wouldn’t be making less money. What should I do?

It is important to communicate your concerns to your employer. If there has been a significant decrease in compensation, employees can treat the situation as a constructive dismissal.

How is severance normally calculated?

Severance is based on a number of factors, particularly the age of an employee, their position and years of employment with a company.

Are short service employees entitled to severance?

Short service employees are entitled to severance and can typically expect to be owed a few months of severance even if they have only worked for a short period of time.

My wife has been employed for 13 years and she’s been recently terminated and offered 8 weeks of severance as well as another added incentive. Her salary is around $32K. Is this right?

Many employers offer employees the minimum entitlements for severance outlined in the employment standards act when in fact employees are entitled to much more. Severance entitlements must also take into account benefits as well as vacation pay, etc.

My employer is changing my hours from 8 hours a day to 7.75. Is this enough to pursue a dismissal and severance?

in order to pursue a constructive dismissal, the change in employment has to be significant and cannot be a minor change.

I’m a third-party contractor and was recently terminated without notice. They complained there were issues with safety. Is this right?

Individuals who can set their hours and do not have set schedules are not considered employees and are not entitled to the same rights as employees such as severance and notice.

My husband owns a company and has an employee who is consistently late or doesn’t show up. He hasn’t appeared in the past 2 weeks and seems to have a drinking problem. How do we terminate him?

Employers have an obligation to protect the health and safety of their employees. Employees who have addiction problems are considered disabled. Employers who have employees with a substance abuse problem should communicate in writing their concerns and outline what is required from the employee, such as seeking out treatment. If the requirements are not met, termination can be implemented.

I’ve been employed for 3 years and recently my employer has contemplated switching our schedules from 4 days to 5. Can they do that?

Employers cannot change a significant term of employment without the consent of their employees, such as a major shift in schedule or reduction in pay. This can be treated as a constructive dismissal.

How is severance calculated if you have been recruited by another company?

If an employee is recruited away from a previous company, the new employer is required to include the previous years of service at the former company in the severance calculation.

I’ve been working in an outside sales position and recently we’ve been informed our company vehicle is going to be taken away due to the pandemic. What are my rights?

If the vehicle has been used for purposes not just for work, removing the vehicle is considered a significant change in compensation. AN employer is not allowed to make significant changes without an employee’s consent. An employee can choose to accept the change or pursue a constructive dismissal.

I worked as a contractor, but my wages and hours were set. The company has bought out a previous company that I worked for. Due to COVID-19, they’ve decided to shut down and there is a class-action launched against them. I hadn’t signed on but I do want my severance.

Individuals who do not set their own hours and work exclusively for a sole employer are considered employees, not contractors. If a business then decides to shut down, despite the misclassification they are owed severance entitlements.

Are you still owed severance if there is a gap in service?

At times an employee is let go from a position and eventually return to the same employer. It then becomes questionable how long the length of service an employee has with that employer, which will significantly affect the severance entitlement. In many cases, the total amount of years are added.