Employment Law Show 640 Toronto – S9 E37

Episode Summary

Termination without cause, vacation entitlements, hurt on the job, and more on Season 9 Episode 37 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 was called into a meeting with my employer and was unceremoniously fired. I was not given a reason or severance offered. They’re trying to say I’ve resigned.

It is important to document all communications with your employer, particularly regarding issues of termination. If let go, employees should receive documentation of the termination as proof in order to properly pursue severance.

Schools are closed where I live and I have a teenage daughter. Can I ask my employer to work from home while she’s home from school?

If an employee has childcare obligations, they cannot be penalized for taking time off or for requesting to work remotely. Employees who are able to work from home in these situations should be allowed to do so.

I’ve never taken more than one week’s vacation. I want to take two weeks off around the holidays but my employer has said no. What do I do?

An employer is permitted to approve or reject an employee’s vacation requests and decide when an employee is allowed to take their vacation.

I was just given a termination letter with twelve weeks severance after four and a half years of service. HR has said if I hire a lawyer they will not give me my severance. What do I do?

Employees are owed their full severance entitlements upon termination. Severance pay is based on the age of an employee, the length of service as well as the position. Employers cannot withhold severance entitlements from former employees.

If your employer does not give you time and a half pay after working a holiday, what can you do?

Employees should communicate with their employer about concerns over a lack of compensation and report the error with the Ministry of Labour.

How do employees calculate what they are owed if they have the day off?

Employees should add their wages plus vacation pay before the holiday that was worked. Regular wages, as well as overtime, is factored into the calculation.

My daughter’s employer requested her to come into the office or consider other options. Her employer has a history of pushing employees out without severance. What should she do?

As there is a current stay-at-home order in place, employers are required to let employees work from home if possible. If the stay-at-home order is lifted, employers are permitted to request employees to return to the office as long as health and safety protocols are followed.

My daughter works as a writer, for a large media company. They recently implemented a major change which she refused. Her employer responded in an aggressive manner. Is this a constructive dismissal?

Significant changes cannot be made by an employer without the consent of an employee. Many employees are misclassified as independent contractors when they are in fact employees. Individuals who are unsure of their situation should contact an employment lawyer.

I was advised by my employer that he will be filing for notice of liquidation. He indicated that he was going to provide employees and it would follow Ministry of Labour standards. Where do I stand?

If an employer is involved with a bankruptcy proceeding, employees will only be entitled to their minimum severance entitlements. Employees should not assume an employer is filing for bankruptcy even if a business is shutting down.

I worked for a tow truck company and was hit by a car. I was off work and eventually returned with only light-duty permitted. I got hurt again and sick and after quarantining I was let go. what do I do?

Employers cannot penalize employees for following health and safety protocols and have an obligation to provide a healthy and safe work environment for employees. Employees who are let go without cause and are not offered severance have been wrongfully dismissed and should contact an employment lawyer.

As an employer, how do I set things up for employees if in future I have to terminate them? What should I know in regards to severance?

Employers need to have proper employment contracts that specify what an employee will be owed upon termination.