Employment Law Show 640 Toronto – S9 E42

Episode Summary

Fired for cause, vacation requests, working from home, and more on Season 9 Episode 42 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 without and for cause, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, independent contractors, temporary layoffs and more.

Listen to the Episode

Episode Notes

I provide home care for seniors and I was asked recently to provide a copy of my driver’s license and insurance. I asked why they were asking for this and was told the agency wants it on file. Do I have to provide this?

Employees are not legally obligated to provide this information to their employer. A refusal to provide this information cannot be considered misconduct. However, employers are permitted to terminate an employee without cause for not providing the license and insurance.

I received my record of employment and now I’m applying for E.I. How do I go about this? Do I have to disclose what I received in severance?

Employees do have to disclose what they received as a severance package to the government. It is important for the correct information put on a record of employment, such as dismissal or termination for cause.

My wife had a health condition and now she’s being asked for a new doctor’s note and she can no longer be accommodated. She’s pursuing human rights damages now. Should she do this?

Employees who have a human rights case can ask for counsel and advice from an employment lawyer. Human rights matters can sometimes be pursued with employment lawyers despite a union membership.

My girlfriend works at a pharmacy as a cashier and took a small break. On her break, she cashed herself out and made an error and was fired. What should she do?

Employers have a high burden in order to prove theft by an employee. Employees who are wrongfully dismissed should contact an employment lawyer as she is entitled to severance entitlements.

Can I ask my employer to work from home while my child is home from school?

Employers are obligated to accommodate employee’s needs for childcare and must allow employees to work from home if possible. If an employee is unable to work from home they will still be allowed to remain home but will not necessarily be paid.

I have never taken more than 1 week off for vacation. I requested two weeks off this year but my employer has refused. What should I do?

Employees must be allowed to take their two-week vacation but an employer can decide when an employee can take their vacation.

I was given a termination letter and offered 12 weeks severance after four and a half years. If I hire a lawyer I was told I wouldn’t be given any. Do I have to accept?

Employees are not obligated to accept a severance offer and are often told not to contact an employment lawyer as a pressure tactic. Severance pay is determined based on several factors, such as the age of an employee, the length of service, and position.

My husband is scheduled for surgery. What am I eligible for in terms of time off as a caregiver?

Employees are given job-protected leave for three months by their employer. Employees cannot lose their job and must be available when they return from their leave.

I’ve been on stress leave for two months and am scared of returning for how I will be treated. What do I do?

Employees that decide to leave a job due to workplace harassment must be able to prove, preferably in writing, the behaviour. Workplace harassment that leads to a resignation is technically considered grounds for constructive dismissal.

I have a drinking problem and am afraid my employer will let me go due to it. Is there anything I can do?

Employees who have an addiction are considered to have a disability. Employers cannot terminate employees with a disability. It is important for the employee to properly communicate their needs and concerns with their employer.