Employment Law Show 640 Toronto – S9 E45

Episode Summary

Commandments of employment, refusal to wear a mask, unpaid wages,  and more on Season 9 Episode 45 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as Employment Lawyer and partner Jon Pinkus, Associate at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto and the GTA 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’m a supervisor and worked at my company for 20 years. Due to cost reductions, I was laid off but not terminated and put on IDEl. Can they do this?

Employers cannot lay off employees without their consent despite the pandemic. Employee rights have not changed due to COVID-19. Employees who do not consent to a layoff can treat it as termination and pursue their severance entitlements.

I’m a manager and was recently let go and informed due to my contract there was a termination clause. I was not given a bonus and limited severance. Is this right?

Many termination clauses included in an employment contract are not enforceable. Employees are also entitled to commission payments and bonuses even if they are terminated before the bonus is given.

Employees should think about termination before accepting a new job.

Termination clauses are typically included in an employment agreement at the beginning of employment however most contracts do not include a termination clause. Employees should look closely at their employment agreements and contact an employment lawyer before signing.

What should employees in the latest wrongful dismissal suit against HBC take note of?

Employees who have had their work hours and compensation fundamentally reduced or changed significantly can treat the change as a constructive dismissal and pursue their severance entitlements.

Employees should respond to reviews from their employers in writing.

Employers who have implemented a performance plan or sent out reviews to an employee could possibly be building a case against an employee. Employees who do not agree with the criticism should communicate their dissatisfaction with their employer in writing.

Employees should not commit serious workplace misconduct.

While it is typically difficult to prove termination for cause, employees should be careful not to exhibit behaviour that is considered misconduct.  Employees should strive to be honest with their employers about their mistakes.

Employees should keep a record of important events.

Employees who feel they are victims of harassment at the workplace should document the incidents and properly communicate their concerns with their employer or HR department.

I own a retail store and I have a two-year employee that let me know she was having some mental health issues and needs time off. It’s now almost time for her to return. Can I ask for an update?

Employers are within their rights to ask an employee for an update on their condition and whether or not they will be returning to work. Employers have a duty to accommodate an employee’s medical condition but employees are obligated to respond and communicate with their employers.

I work for a large hospitality corporation for 14 years. I was informed my location was closing, sold and operated by another party. The new location was too far I and was forced to take a newly developed termination package. What are my rights?

Severance entitlements are based on a number of factors including the age of an employee, their position and length of employment. Employees should not agree to a severance offer without contacting an employment lawyer. Employers often try to adhere to the minimum severance entitlements and are unaware of what

I own a machine shop and had an employee who was sick with COVID-19 and off for a few weeks. He refused to wear a mask upon his return. I told him he forfeit his employment. What do I do?

Employers have to fill out a record of employment regardless of whether or not they have resigned or been terminated. Employees who refuse to adhere to health and safety regulations are not exempt from the consequences and can be terminated.

Employees should assume their severance offer is inadequate.

Employers often are unaware of the proper calculations for severance and typically abide by an employee’s minimum entitlements. Before accepting a severance offer, employees should contact an employment lawyer.

I worked Easter weekend but was not paid for it. After complaining to my employer, they told me to suck it up. What do I do?

Employers are obligated to pay their employees. Employees can complain to the Ministry of Labour if they have not been paid adequately and cannot be penalized for doing so as it is considered a reprisal.