Employment Law Show 640 Toronto – S9 E43

Episode Summary

Overtime pay for managers, remote working and more on Season 9 Episode 43 of the Employment Law Show on Global News Radio on 640 Toronto.

Listen below as Employment Lawyer Alex C. Lucifero, Partner at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto, the GTA, Hamilton, London, and across Ontario on the Employment Law Show. Jon 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’ve been working a ton of overtime. I get an annual salary and I was told I wasn’t owed OT as I’m a manager. Is this true?

Under the Employment Standards Act, managers are exempt from overtime pay. At times, employees are labelled as a manager but are not, in fact, an actual manager in terms of duties and responsibilities.

After ten years I’m being let go and a few months’ notice of termination. My employer has also offered me severance. I’m close to retirement. What am I owed?

Severance entitlements are based on a number of factors including the age of an employee, the length of employment as well as the position the employee held. Employees that are older and closer to retirement would typically be owed more severance, particularly if they were in a specialized position.

I’ve been working from home for over 2 decades. When COVID ends they are talking about moving to a hybrid model. Since I was already working remotely, what are my rights? Can they force me to come in?

If an employee has previously worked remotely prior to the pandemic, it is considered a term of employment. A significant change to the terms of employment for an employee can be considered a reason for constructive dismissal.

My employer seems to be closing down in the next 6 months. I’ve been there 25 plus years. What severance would I be owed?

Despite the pandemic and some business closures, employees are still entitled to their severance. Employers however who declare bankruptcy, unfortunately, are exempt from having to offer severance to former employees.

How are severance packages taxed?

Severance is considered employment income and so will be taxed. It is important to properly negotiate a severance package in order to determine how the payments will be paid to minimize taxes. Severance payments can also be put into an RRSP account.

What does it mean to be terminated for cause?

Termination for cause occurs when an employee has exhibited behaviour that has resulted in a termination and they are no longer entitled to severance or notice. Terminations for cause are typically difficult to prove and often employers assume they can terminate an employee for cause when in fact, they cannot.

What is the difference between federally and provincially regulated employees’ severance entitlements?

While there are differences between the minimum severance entitlements for federal and provincial employees, however, the full entitlements remain the same.