Employment Law Show 640 Toronto – S9 E26

Episode Summary

What to look for in an employment contract, short service severance, termination clauses, and more on Season 9 Episode 26 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 worked for my employer as a salesperson for 10 years. I was terminated and was told they had just cause for dismissal as I was taking advantage of clients to get better sales. Is this right?

It is difficult to prove just-cause termination for many employers. Employees who are terminated for just cause termination should contact an employment lawyer as often, for-cause terminations are not accurate.

I’m a general manager and was fired after 3 years. My company offered me three weeks’ pay and if I signed the release they’d add an extra 2 weeks. What should I do?

Severance entitlements have to factor in the age of an employee, the length of service as well as the position and the possibility of future employment. Even employees with short years of service are still entitled to severance payments.

My friend works at a factory that was recently bought over. The new employer will be taking out federal and provincial taxes. Is this right?

Generally E. I and CPP should be deducted from an employee’s paycheque. Employees should speak with an accountant in order to determine the appropriate deductions an employer should be making.

If I am caught distributing Union literature and I am terminated, will I still be entitled to severance?

Employers cannot penalize employees for deciding to organize, it is a breach of the employment standards act. If an employee is terminated under these circumstances it would be a without-cause termination and they would be entitled to severance.

I’ve taken on several roles as contract positions. Before the conclusion of the recent contract, it ended early and I was informed I’d return to my original position. My original position was significantly less pay and fewer hours. What are my rights?

An employee could potentially have an argument for a breach of contract as it ended early. However, it is important to note that if the original rate of pay has not changed, and an employee was aware of a return to the position, they would not have cause for a complaint. Contacting an employment lawyer will be important in this situation in order to establish what deal was struck between the employer and employee.

Why are employment contracts important?

Employment contracts are important as they determine the employment relationship between the employer and employee. An employment contract should be negotiated with and looked at carefully before signing.

Is it better to have a verbal agreement or a written contract?

Typically the more simple the terms of employment the better it will be for an employee as typically a more thorough contract will benefit the employer. A verbal contract is still valid.

What should employees look for when signing an employment agreement?

Employees should look closely at employment contracts that have termination clauses and what could potentially limit their severance entitlements. It is also important to look for non-compete clauses.

Can the terms of an employment contract be negotiated upon?

The terms of an employment contract can be negotiated with particularly if an employee is being recruited by another employer.

What recourse does an employee have if they have signed an employment contract without legal advice?

Most employees do sign employment agreements without negotiating or seeking external legal advice. In many cases, employment contracts are not always in compliance with employment standards.

I’m off work due to surgery and will be returning soon. Another company has approached me about interest in purchasing a new piece of equipment. I’m worried about my former employer undercutting me if I start my own business.

Employees should note that they cannot share confidential information with competing businesses and bear in mind potential non-compete clauses in their employment contract.

Years ago I signed a contract that included a clause stating I  could be fired for any reason. I was eventually let go. What could I have avoided and should know for the future?

Employment contracts often have clauses that are not enforceable, and employees will still be able to seek out their rights. Employees should always be aware of signing new contracts as employers are trying to limit an employee’s rights.

My company laid me off temporarily due to COVID-19 and significantly reduced my benefits. Since I was recalled, however, they have refused to raise our benefits.

Employers have the legal right to make changes without being considered a breach of contract or constructive dismissal. Employees unfortunately will not be able to file for a breach of contract.