Employment Law Show 640 Toronto – S9 E34

Episode Summary

Termination clauses, frustration of contract, removing a company vehicle and more on Season 9 Episode 34 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as Employment Lawyer and partner Stan Fainzilberg, Associate at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto and the GTA on the Employment Law Show. Stan 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 offered a new job and the offer states if terminated I will be given two weeks per year of service. Is this common?

Termination clauses in contracts and the language used do matter. Clauses that violate the employment standards act will not be enforceable.

My employer terminated overtime pay and made us sign something before the payment stopped. Is this legal?

Overtime pay is not contractual for most employees. if an employee works more than 44 hours a week in Ontario, they are entitled to overtime pay with a few exceptions.

I receive an annual bonus but recently resigned before it was given and have been informed I will not receive it. Can they do that?

In most circumstances, an employer cannot withhold a bonus. An employer could potentially withhold payment if an employee has specifically agreed to the terms in their employment contract.

I pushed back on work regulations and was fired as my employer said I consented to overtime in my contract. Is this enforceable?

Employers are permitted to ask employees to work overtime and if an employee consents to it via a contract, they are expected to uphold their agreement. Employees must be paid correctly for their overtime pay and cannot be penalized for raising health and safety concerns.

I work for a bank and they’ve helped me pay for continuing education courses. Would I have to pay back the funding if I resign for another job opportunity?

Employees have to abide by the terms they have agreed upon in an employment contract. It is important to properly communicate with an employer in order to negate the terms of an employment agreement.

I’ve been laid off since last year and have not been recalled. I’ve heard I’ve been replaced. What can I do?

Employees who have been laid off can treat the layoff as termination or constructive dismissal and pursue their severance entitlements.

I’m currently on disability leave but my employer is saying I have frustrated the terms of my contract. What does this mean?

A frustration of contract typically means an employee is no longer able to do their job through no fault of the employee or employer. If a contract is frustrated due to a medical condition, an employee is still entitled to minimum severance payments.

My company has just announced they’re starting a new division and there will be new ownership. Does this mean my previous employer has to pay me a severance package?

If an employee is no longer employed by the new ownership, they are entitled to severance. However if the new ownership employs the previous employees, the previous employer will typically owe the minimum entitlements.

I’ve always left work early to pick up my children as there’s no one else available. My employer is now changing my schedule and I will be unable to do so. Can they do this?

Changing the schedule of an employee has to be significant in order for it to be grounds for constructive dismissal. However, if the change is not workable due to other obligations such as childcare, it can be considered discriminatory on the basis of family status.

My employer took away my company vehicle and won’t tell me why. Is there anything I can do?

A company vehicle could be considered as part of an employee’s compensation. Removing an employee’s company vehicle could be considered a constructive dismissal depending on what the vehicle is used for.