Employment Law Show 640 Toronto – S9 E28

Episode Summary

Terminated while on medical leave, pressured to resign, working notice and more on Season 9 Episode 28 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as An employment lawyer at Samfiru Tumarkin LLP reveals your workplace rights in Toronto and the GTA on the Employment Law Show. He 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 injured at work and was forced to take some time off. Eventually, I got better with treatment but after requesting some accommodations from my employer I was told not to return until I’m 100% better. Is this right?

Employers have a duty to accommodate their employees that have a medical condition and the support of their doctors. Employees who are refused by their employer, can treat the refusal as a termination and pursue termination.

Can your employer let you go for any reason?

An employer can let an employee go for any reason as long as the employee is offered their proper severance entitlements.

Can your employer fire you as a result of a disability?

Employers have a duty to accommodate an employee’s disability and medical condition. Employers who fail to accommodate disabilities are in violation of the employee’s human rights.

Can an employer change the commission structure halfway through employment?

An employer cannot make a significant change to an employee’s compensation without their consent. A negative reduction in compensation is considered grounds for constructive dismissal.

Are small companies that do not have a lot of revenue exempt from paying severance?

The amount of revenue a company produces does not factor into an employee’s full severance entitlements. A company’s revenue only speaks to an employee’s minimum entitlements.

I might be running out of cash flow sometime this summer. I want to do what’s right for my employees. Should I be giving them notice now?

Employee’s severance is based on their length of service as well as their age and position. Once an employee is given working notice,  it is important for employers not to extend the notice period as an employee would have an argument that there was no proper notice given.

I’m a commission sales rep and been with my company for 32 yrs. I was recently informed I was now entitled to vacation pay but it was retracted by my employer. What rights do I have?

The Employment Standards Act does argue that employees need to be given vacation pay as part of their compensation even if the employees are commission-based. Employees could argue that their employer does owe them vacation pay and should contact an employment lawyer.

I was recently pressured to resign from my position. I was cited for breaking social media policies’ and conduct. Did they have grounds to pressure me to resign?

Employees are obligated to follow company policies regarding internet or social media usage. Pressuring an employee to resign in some circumstances could have been an effort to avoid pursuing a termination for cause as it is difficult to prove. Employees should contact an employment lawyer before signing a termination release.

• LEARN MORE: Employee notice of resignation in Ontario

Is a temporary layoff essentially a termination?

A temporary layoff is technically a termination as employers do not have the right to temporarily layoff employees who have not previously consented to it.

Should you contact the Ministry of Labour if you have been let go?

The Ministry of Labour can only advise employees on their minimum entitlements regarding severance which are outlined in the Employment Standards Act. Employees who go to the Ministry of Labour and put in a claim can no longer pursue their full severance entitlements.

I want to let an employee go who I’ve employed for over ten years. What should I offer in regards to his severance?

Generally, an employee’s severance is based on a number of factors, such as age, their position and lengths of service. Employers who offer severance that seems low to employees could potentially be encouraging them to seek legal advice.

Can my employer ask for a doctor’s note that outlines a diagnosis and treatment?

An employer cannot ask for specific and detailed medical information about an employee. Employers are permitted to know if there is a medical condition that limits the employee’s ability to work. Employers cannot penalize employees