Employment Law Show 640 Toronto – S9 E40

Episode Summary

Forced resignations, health and safety concerns in the workplace, and more on Season 9 Episode 40 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

Is the Toronto bylaw for mask-wearing discriminatory?

As ruled by a tribunal, in order to engage the accommodation process an individual has to disclose a medical issue that has to be accommodated by an employer. The bylaw itself exempts individuals with a disability from wearing masks indoors.

What am I owed for severance if I’ve worked for a company for over 17 years and was only offered 8 weeks?

Individuals are entitled to their full severance entitlements which are calculated based on the age of the employee, the length of service as well as the position.

My wife works in the medical field. Can she be forced to take the vaccine or will she be discriminated against?

Under the human rights code, discrimination is very specific such as discrimination based on creed, or disability. Employers will have difficulty enforcing mandatory vaccines. However, employees who deal with a vulnerable population might be forced to take a leave of absence if they refuse to be vaccinated.

I purchased a franchise from a company for over five years. I received an email saying I am no longer employed or have a franchise. I was shut out of all access. What do I do?

Employment law does not necessarily apply to a franchise and franchisee relationship. It is rare for contracts to exist to completely cut out a party and there are stipulations in contracts to limit the potential financial damage.

I was just hired for a new position. I keep asking them for a contract but they won’t send me one. Do they have to provide me with a contract?

Contracts generally protect an employer and can limit the rights of an employee. Without a written contract, a verbal agreement exists between the employee and employer. Employment law implies certain rights such as common law notice.

How much time should an employer provide employees with to review a contract?

There is no set amount of time for an employee to review a contract. It is important for employers to give an employee a reasonable amount of time and the ability to seek legal advice.

Is there a difference between notice and severance pay?

There is a difference between notice and severance pay but they are often used interchangeably.

I was terminated but told I’d have to remain till the end of the month. Do I have to stay since they’ve fired me?

Employers can give employees working notice. Employees who decide to leave before the end of the working notice period, will not be entitled to the rest of their severance entitlements as it is considered a resignation. Working notice must include a definitive date.

I had an argument with my boss and stormed out. I took a day off to cool off. My boss has now told me he’s accepting my resignation. What can I do?

An employee cannot be forced to resign and an employee leaving an argument cannot be considered a resignation. Employees who fear they might be pressured to resign or being taken advantage of should contact an employment lawyer.

Can your employer force you to take a vaccine if you do not want to?

Generally, an employer cannot force an employee to take a vaccine. If an employee’s job requires an employee to be around a vulnerable population, they might be asked to take a leave of absence.

I work in a warehouse and the PPE requirements are being met. None of the supervisors wear masks. I’m worried about this work environment. What do I do?

Employees have a right to a safe and healthy workplace. If after communicating their concerns with an employer an employee still feels they have not been resolved, they are within their rights to complain with the Ministry of Labour and refuse unsafe work.

I was let go and feel like I’ve done nothing wrong. Does an employer need a reason to terminate me?

Employers do not have to provide an employee with a reason to terminate their employment as long as the reason is not discriminatory. Employers have to provide an employee with a fair severance package.