Employment Law Show 640 Toronto – S9 E27

Episode Summary

Temporary layoffs, severance agreements, refusal to accommodate, and more on Season 9 Episode 27 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

My hours were significantly reduced and my pay due to Covid-19. I held out hope but was eventually let go and given severance based on my new salary. What do I do?

Employers do not have the right to implement significant changes to the terms of employment for employees without their consent. Severance is based on a number of factors such as the amount of compensation an employee was given at the time of termination.

I’ve been on a temporary layoff for a long time. How long can my employer keep me on a layoff?

Employees do not have to accept a temporary layoff as employers do not have the right to put employees on a layoff if they have not consented to it. Employees who have been laid off can treat the layoff as a termination and pursue their severance.

Does an employee physically have to quit their job if they are alleging a constructive dismissal?

Employees do have to leave their employment but in some situations, after a resignation, they can mitigate some damages with their employer. Employees should properly communicate why they are leaving their position and contact an employment lawyer.

As an employee who works in customer service, what rights do you have in regards to abuse from customers?

An employer has a duty to protect employees even from members of the general public and put in place policies and mechanisms that can protect the employer.

Is it necessary for a company to issue a formal letter informing employees when there is a pay cut?

Employers are not permitted to implement a pay cut despite the current pandemic. In order to be able to pursue a constructive dismissal, the pay cut implemented by the employer has to be significant, such as a ten or fifteen percent change in compensation.

I hurt my elbow and I’ve been off work since. I’m on short-term disability but my insurer informed me the company won’t let me return and my benefits will be cut off due to my age. What do I do?

Employers have a duty to accommodate employees that have a physical limitation. Employers who refuse to accommodate employees who have their doctor’s support are violating their employee’s human rights.

My son has had health issues due to his work environment and has had to take some days off for appointments or due to his illness. He was told to take the time off but it was not paid. Can they do that?

Employers do have to pay employees who have their doctor’s support and are on medical leave. Employees who do not want to stay at a place of business due to their environment, have to prove they are being mistreated. Employees who resign unfortunately are not able to claim employment insurance.

My friend requested time off as she felt unwell and was approved for it. She was told to take time off by her doctor. After a few months, she tried to return and was told she was going to be replaced. Is this right?

Refusing to hire back an employee due to a medical leave is a human rights violation. An employee in this situation could request she be re-instated. Severance entitlements will be based on age, position and length of service.

I have rheumatoid arthritis and I do have physical limitations. My doctors told me I could request as much time off as I needed but I was just wondering if I could ask my employer for some help.

Employers have a duty to accommodate employees with a medical condition. Recommended accommodations must be requested by an employee’s doctor.

Can an employer discipline or terminate a pregnant employee?

Employers cannot terminate employees who are on maternity leave or parental leave and cannot penalize employees who are pregnant.

What happens if an employer offers inadequate severance?

Employees who have been offered inadequate severance can choose to contact an employment lawyer and pursue their full severance entitlements. Employers are not always aware of the severance entitlements employees should receive.

Is there any circumstance in which a termination release that was signed can be set aside?

Unfortunately, most releases are binding unless an employee signed a release in which they were threatened or not given enough time. Only extreme circumstances can potentially set aside a severance agreement.