Employment Law Show 640 Toronto – S9 E30

Episode Summary

Ten Commandments of Employment law, refusal to accommodate, payment restructuring and more on Season 9 Episode 30 of the Employment Law Show on Global News Radio 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 have a very physical job and was finally cleared to return to work after being on disability leave but only for a limited number of hours. My employer accommodated my request at first but wanted me to increase my time and if I couldn’t, I’d have to resign. Is this true?

An employer is obligated to accommodate an employee’s medical condition if it is supported by the employee’s doctor. Refusing to accommodate an employee’s condition is considered a human rights violation. Resignations must also be voluntary and cannot be forced onto an employee.

Am I entitled to severance if I have been laid off in the past and was previously on Worker’s Compensation?

Employees are entitled to severance if they were temporarily laid off as they were still considered an employee upon return. Employers are also obligated to find work if able to upon an employee’s return from a medical leave.

I was laid off after 6 months with a company. I was recalled and there was a new structure introduced and everyone given a bonus. When I requested mine, I was told I hadn’t started at the right time. Is this right?

Bonus agreements that have been agreed upon in a contract cannot be changed without an employee’s consent. Any major changes have to be agreed upon by an employee.

I’ve been with the same organization for 20 years and in the last 5 years I’ve had the same schedule and now my schedule is being shifted. Is this considered a constructive dismissal?

A significant change in schedule is considered a major change in the terms of employment and must be agreed upon with an employee. If it is not consented to by an employee it is considered grounds for constructive dismissal.

You should think about termination when accepting a new job.

The beginning of employment usually entails a job offer and a contract and this document usually stipulates what the severance at termination will be. This contract typically seeks to limit the severance entitlements. It is important to closely review the employment contract with an employment lawyer.

I am currently employed but my employment will be terminated in July after 20 years. After seven years I was on LTD due to an accident. My employer is offering severance for 21 weeks. Is this fair?

If an employee is not able to return to work due to a disability, they have frustrated their employment contract. In this situation, an employer has to pay an employee their minimum entitlements.

My wife is on parental leave and she’ll be returning to work soon. Her company has refused to accommodate her needs for child care. What do we do?

Employers have an obligation to accommodate on the basis of family status if an employee has childcare needs. It is important to contact an employment lawyer in order to remind an employer of their obligations.

I was written up by my employer for mistreating a customer. I refused to sign this report and I was told refusing to sign was an admission of guilt and now I could be terminated. Is this right?

An employer can terminate an employee for any reason as long as severance is offered. Termination for cause is particularly hard to prove for employers. Employees who disagree with complaints should properly communicate their own recollection of events and what they believe is accurate or inaccurate.

You should not accept a temporary layoff.

A temporary layoff is typically not legal and employers are not automatically permitted to temporarily layoff employees. Employees can choose to treat the layoff as termination and pursue their severance entitlements.

You should not commit serious workplace misconduct.

Employees who violate workplace misconduct in a serious manner can potentially lose their rights to severance upon termination. Serious misconduct could be fraud, aggressive behaviour, theft, etc.

You should always keep copies of relevant documents.

Employment contracts, bonus plan documents, write-ups, performance reviews, etc, are all relevant information upon a possible termination.

You should always keep records of important events.

Ev3nts employees should make records of could be mentions of a payment restructure, complaints of other co-workers, etc. E-mails sent as a confirmation to employers are considered a record of events.

You should not get legal advice from inaccurate sources.

It is important for individuals to seek legal advice concerning their employment rights from an employment lawyer.

My child was sick recently and I notified my employer that I might not be able to come in. I was told that I would need to find a replacement and was badgered for having to remain at home. What are my rights?

An employer cannot penalize an employee for deciding to stay home and take care of a family member who is sick if they have no other possible childcare options. Particularly during the pandemic, an employee who has a sick family member should isolate in order to maintain health and safety regulations.