Employment Law Show 640 Toronto – S9 E46

Episode Summary

Overtime pay for managers, performance improvement plans, and more on Season 9 Episode 46 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 without and for cause, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, independent contractors, temporary layoffs and more.

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Episode Notes

A court released a decision that stated if an employee has been laid off during the pandemic, they are still constructively dismissed.

Despite the Infectious Disease Emergency Leave, employees who have been laid off temporarily can still consider the lay off as termination and pursue their severance entitlements. Employment laws have not changed as a result of COVID-19.

I’m an office manager and have been working a lot of extra hours but was denied OT. Is this true?

Overtime pay does not apply to managers however some employees are given the title of manager and not the authority or responsibilities of a manager. I.T professionals are also not entitled to overtime pay.

If my manager continues to harass me at work what can I do?

Employees are entitled to a safe and healthy work environment. Employees who feel they are being harassed should speak to their Human Resources department and/or their employer. If after communicating with an employer, an employee still feels the issues are not addresses they should file a complaint with the Ministry of Labour.

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I’m a site operations manager and work a lot of overtime and we don’t have any policies in place regarding overtime. Am I entitled to pay?

Managers are not entitled to overtime pay under the Employment Standards Act. Employees who are not managers must be paid overtime pay after fourty-four hours a week of work.

I have a bonus at work tied to my performance. I should be receiving one but now I’m being informed the bonus was discretionary and so I won’t receive it. Is this allowed?

It is important to look closely at an employment contract and determine what was previously agreed upon regarding compensation.

My company put me on a performance improvement plan that I disagree with. What can I do?

Performance improvement plans are largely subjective and an employee can choose to disagree with them. Employers should not be able to use a performance improvement plan in order to pursue termination for cause of an employee. Employees who feel a performance improvement plan is inaccurate should communicate their disagreement with their employer in writing.

I was let go after thirty years at my position. No severance has been mentioned. What am I entitled to?

Severance payments are calculated based on the age of an employee, their position as well as the length of employment. Employees who feel they are not being offered adequate severance should contact an employment lawyer.

I’m concerned there is no diversity in leadership roles at my company. How should I address this worry?

There are no legal requirements for an employer to have a diverse workforce. If an employee is being restricted from leadership positions due to their ethnicity, that is a potential human rights violation as it is considered discrimination.

I work for a tech sales company as a sales rep for educational products. As a result of the pandemic, I was let go. I was given my two weeks severance. Are they allowed to do this?

Employers are permitted to terminate employees for any reason as long as it is not discriminatory and proper severance is offered. Severance entitlements take into account the age of an employee, the length of service, position and the possibility of future employment.

I just started working for a new company and have asked for a contract. Do they have to supply me with an employment contract?

Written employment contracts typically exist in order to protect the rights of an employer and not an employee’s rights.