Employment Law Show 640 Toronto – S9 E48

Episode Summary

Job-protected leave, relocation, temporary layoffs, and more on Season 9 Episode 48 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, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, independent contractors, and more.

Listen to the Episode

Episode Notes

I’m an essential worker but with schools closed, I need to be at home. My employer told me my child is old enough to be home alone so I have to come in. They told me I’ve resigned from my job. Is this right?

Employees cannot be forced to resign and cannot be considered to have abandoned their job if they have childcare needs. Employees can be on a leave of absence for as long as health and safety measures are in place in Ontario. Employees in this situation can get their job back and back pay as well as pursue severance if they wish.

I was fired from my job as my co-worker informed my employer I was looking for another job. What are my rights?

Employers often terminate an employee for cause when in fact it is a without cause termination. Employees cannot be penalized for looking for another position and if terminated are owed severance entitlements.

A co-worker has been disciplined frequently for years. My employer seems worried about toxic work culture. Can they let this employee go?

Employees that are in violation of company policy and workplace behaviour and in fact have been disciplined in writing, an employer is within their rights to terminate an employee for cause. It is important for employers to maintain a healthy and safe workplace for all employees.

Learn More
• Termination for cause
• Harassment and Discrimination

Can my employer keep me on a temporary layoff?

Employers cannot put an employee on a temporary layoff and employees are within their rights to treat the layoff as termination and pursue severance entitlements.

I’m planning on moving to a new province. I work for a company that’s been working remotely. If I move, can I ask for a transfer?

Employees who have been working remotely due to COVID-19 might be recalled back to the office after the pandemic ends. It is important to remember that every province across Canada has different employment laws. Employers are within their rights to refuse a transfer or relocation of an employee.

Can my employer refuse to pay me my severance?

Employers can refuse to pay an employee severance if they have exhibited serious misconduct and negative behaviour. In most situations, if an employee is terminated they are owed severance.

My employer has asked me to transfer to a position that has a reduction in pay. Will this affect my severance?

Employers cannot force an employee to accept significant changes to their terms of employment, such as a severe reduction in compensation. If an employee does accept a new position with less pay, their severance entitlements will be calculated based on the lower salary.

Sales dropped at my company and I offered to take a layoff for a few months. Months later I was brought back part-time. I don’t know when I will be hired back at my regular salary. What do I do?

Employees should be aware of the fact by continuing to let changes to their employment continue, it is considered to be accepted. Employees do not have to accept significant changes to their employment and can consider the changes as a constructive dismissal.

I have a salaried employee that has given their notice and has not taken any holidays this year. Do I still have to pay him vacation pay?

Any unused accrued vacation pay must be paid to employees regardless of extenuating circumstances.

Can my employer change the length of my shift?

Employers cannot impost changes that fundamentally impact the terms of employment. Employees can refuse the changes; if implemented despite a refusal, can treat the changes as a termination of employment.

Can my employer disagree with the restrictions my doctor has recommended?

An employer cannot refuse to accommodate an employee’s medical requirements or conditions if they have their doctor’s note.