Employment Law Show 640 Toronto – S9 E31

Episode Summary

Termination for cause, multiple temporary layoffs, unresponsive employees, and more on Season 9 Episode 31 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

Recent harassment allegations have come to light concerning the General Vance of the Canadian armed forces.

Workplace harassment in the workplace is unfortunately fairly common. Employees have a right to work in a safe environment and if they feel they are being harassed should document their concerns.

At the beginning of the pandemic, I was laid off but called back. One of my co-workers did not return due to keeping her child at home for schooling. We’ve lost contact with her. Do we have to keep her job?

If an employee has other childcare options, their employer does not have to accept their preference. If an employee needs specific accommodations, possibly due to a health condition, an employer has an obligation to try and accommodate those needs. If there are no extraneous circumstances, an employee that does not return from a layoff can be considered as abandoning their job.

I have worked for my company for over 26 years and I was laid off due to COVID-19 multiple times. I was told there are not enough hours and to go on E.I. How long can they extend this layoff?

Temporary layoffs are not technically permitted, an employee does have to consent to the layoff. An employee can choose to treat the layoff as a termination and pursue their severance entitlements.

What is termination for cause?

Termination for cause occurs when an employer alleges the conduct of an employee has led to termination and justifiable.

How difficult is it to establish termination for cause?

It is very difficult to establish termination for cause.  Employees who have been terminated for cause have to have behaved in a manner that is considered serious and significant.

Does the length of employment determine whether or not an employee can be terminated for cause?

If an employee has had a longer period of employment it is harder to prove termination for cause.

Do you get severance if terminated for cause?

If termination for cause can be proven and the conduct has been severe, an employee is not entitled to severance.

How does an employer build a case for termination for cause?

Employers need to document every concern regarding an employee’s behaviour. Incidents and allegations should be documented in writing.

When should an employer take measures when an employee is behaving in a problematic manner?

It is important for employers to communicate their issues with an employee as soon as an incident occurs.

What should an employee do if they feel a report from their employer is inaccurate?

Employees should communicate in writing if they feel disciplinary actions are not warranted or they do not agree with them.

As a result of the pandemic, the owner of my company has been panicking. He changed our performance targets and when I didn’t hit the target  I was fired for cause with no severance. Is this legal?

Refusing to meet a new sales target that was not the standard cannot be used as grounds for termination for cause. Employees have to consent to significant changes to the terms of employment.