Employment Law Show 640 Toronto – S9 E32

Episode Summary

Overtime pay, forced schedule change, severance for short service employees, and more on Season 9 Episode 32 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’d been promoted two years ago. But my employer recently told me they’re not happy with me in this role so they’re going to demote me, without a pay cut. Is this allowed?

An employer does not have the right to demote an employee even if the compensation is not reduced. The employee can treat the demotion as a constructive dismissal.

My employer gave me the option of either a pay cut or a temporary layoff. What do I do?

If an employee is unsure of their rights and current situation, they should contact an employment lawyer as soon as possible. An employer does not have the right to temporarily layoff an employee or significantly reduce an employee’s pay. A layoff or reduction of pay can be considered a constructive dismissal.

My brother received a notice of termination. Is he entitled to severance after two and a half years?

Short service employees are still entitled to severance. Severance entitlements are calculated based on a number of factors such as the age of the employee, length of service and position.

I’m applying for a job and they told me they only pay overtime after 60 hours. Is this true? Should I agree to this?

For a driver, there is a higher threshold for overtime. For most other positions overtime is considered after 44 hours a week.

How does an employer pay out severance? Is it a lump sum payment or is it over a period of time?

An employer can choose to pay severance either in a lump sum or through several payments. The majority of severance entitlements can be negotiated to be paid out in a lump sum as it benefits the employee.

I used to work at two LTC homes but was told by government regulation I had to pick one due to COVID-19. Do I have options?

Unfortunately, employers who are following government regulations are permitted to ask employees to make that choice. Employees cannot pursue a constructive dismissal.

I work for a large manufacturer and work a continental shift. Due to COVID-19, we’ve been offered OT and we’ve heard they can force us to work it. Is this possible?

Unless there is an employment agreement that an employee has agreed to, an employer cannot force an Ontario employee to work overtime hours. An employee has a right to turn down overtime requests.

If you’re on Employment Insurance does it affect your severance entitlements?

If an individual is on Employment insurance, it will stop if there are severance payments being made. Once severance payments end, employment insurance will resume.

My father’s company was shut down temporarily due to COVID-19 but his employer has informed him once the pandemic ends they will not bring him back due to his age. What can he do?

An employer is not allowed to terminate an employee due to their age, it is a human rights violation and is discriminatory. An employee is terminated and it is not due to a discriminatory reason, they are entitled to severance.

Does an employee have the right to refuse responsibility in the workplace if they feel it is unsafe?

Every employee has the fundamental right to refuse unsafe work. An employee can inform their employer they refuse to work as they feel it is unsafe. An employer has to take measures to investigate and resolve the issue. If an employee is not satisfied with the issue, a complaint can be filed with the Ministry of Labour.

Can my employer change the length of my shift?

An employer cannot change the schedule or amount of hours an employee works significantly without an employee’s consent. Imposed major changes can be grounds for a constructive dismissal.

How does IDEL affect my sister if she is temporarily laid off until July?

Despite the IDEL that the government of Ontario has implemented, an employer still does not have the right to temporarily layoff an employee. An employee can choose to treat the layoff as a termination of employment and pursue their severance.

I’ve worked at my employer for 7 years in a seasonal position. This past winter it was sold to a new employer and after reaching out I was ignored. What should I do?

Employers are not obligated to recall employees however they do have to offer severance. Employees who have not been recalled back to work, even if the position is seasonal, are entitled to severance pay.

I’ve been on injury leave and also everyone is currently on a layoff. I was told I’d also be on layoff once my leave is over. What do I do?

Employees do not have to accept a temporary layoff and can choose to treat the layoff as termination and pursue their severance. Employers cannot penalize employees on a medical or injury leave.