Employment Law Show 640 Toronto – S9 E39

Episode Summary

Childcare obligations, job abandonment, work reprisals, and more on Season 9 Episode 39 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 told by my doctor to reduce my hours of work. My employer insisted I resign and reapply. Is this right?

Employers have a duty to accommodate employees who have a health condition. Penalizing employees who have a medical condition is considered a human rights violation.

My daughter and granddaughter live with me. My daughter has to go to work and is an essential worker. Can I remain at home and take care of my granddaughter?

Due to the current stay-at-home order, employers have to allow employees to remain at home if their jobs are able to be conducted remotely. Grandparents unfortunately do not qualify for accommodations under family status.

My friend who works at a grocery store has not received a pay raise in over 5 years while many of her co-workers have. What can she do?

An employer is not legally obligated to provide pay raises unless there is a contract in place. As long as an employer is not discriminating against an employee, they are not legally obligated to provide employees with a raise.

What is a reprisal?

A reprisal occurs when an employee tries to enforce their rights and is penalized for doing so by their employer.

If I feel like I have not been paid properly, what should I do?

Employees should raise concerns with the appropriate person within their company and in writing. Legitimate concerns raised by employees, even if inaccurate, cannot be penalized.

I quit my job as my employer owed me holiday and vacation pay and refused to pay me. Is there something I can do to get what he owes me?

Employees can contact the Ministry of Labour for unpaid compensation that is owed. Employees who have resigned due to unpaid compensation have been constructively dismissed and they are owed severance.

What is a non-compete clause?

It is a term in an employment agreement that states if an employee leaves an employer they are unable to work with a competitor for a  period of time.  Non-competition clauses can be potentially problematic as they can prevent employees from finding new employment.

I had offers of employment from two different companies. At the last moment, the company I accepted rescinded the offer. What do I do now?

Employees in this situation would still have entitlements as the potential employer misrepresented the availability for the position.

I got a new job and have to give notice to my previous employer. My previous employer is requesting that due to my contract I have to give 4 weeks’ notice and replace myself. Is this right?

It is up to the employer to replace employees who have resigned, not the employer. Employees are obligated to provide notice to previous employees however it is typically a few weeks’ notice.

I was feeling unwell and informed my employer and should remain home. My employer tried to contact me but I was unable to respond. A few weeks later I was informed I was at risk of abandoning my job. What do I do?

Employees should inform employers if they are ill. Employees who are ill and on leave for a few weeks cannot be considered job abandonment as they have properly communicated their illness to their employer.