Employment Law Show 640 Toronto – S9 E49

Episode Summary

Medical leave, termination clauses, vacation pay, and more on Season 9 Episode 49 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’ve worked at a corporation for most of my adult life. My employment was terminated after a machine broke down to an error. I was terminated for cause. Is this right?

Employers often believe that they are able to terminate an employee for cause when in fact it is wrongful dismissal and the employee is owed their severance. It is difficult to prove a termination for cause and employers who wish to pursue a for-cause termination would have to provide strong evidence of misconduct.

I was asked to sign a new agreement with a termination clause. Can they enforce this?

Termination clauses are often not enforceable. It is important for employees to contact an employment lawyer if they have signed an agreement with a termination clause in order to pursue their full severance entitlements.

Learn More
Ontario Court Voids Entire Termination Clause 

How long can an employee be away from work for medical reasons?

Employees are able to take a medical leave for as long as they are ill and do not have to return until their doctor advises a return to work. Employers who terminate employees who are on sick leave or medical leave owe employees their full severance and are potentially violating an employee’s human rights.

I’m a snowplow operator and the company I work for says I’m not owed vacation pay. Is this right?

There are certain professions that exempt employees from vacation pay however generally employees are entitled to vacation pay. Employees who are not being properly compensated by their employer should contact the Ministry of Labour.

Do the three paid sick days in Ontario apply to automotive employees?

Generally speaking, the Ontario paid sick days program applies to most employees with few exemptions. If an employer refuses to grant an employee paid sick days, employees are still able to take unpaid sick leave.

Does an employer have the right to ask an employee for their diagnosis?

An employer does have a right to ask employees questions regarding their return to work, a prognosis or necessary accommodations or restrictions.

My broker license is being held back unless I give my employer private information that is not related to work. Do I have to show my employer a background check?

Criminal record checks are legal and employers are able to ask for a background check, and there are few exceptions to this rule.

What should I do if I’m not approved for LTD?

Individuals who are not approved for disability coverage should contact a disability lawyer. Long-term disability coverage is very valuable to employees who have been denied. Employees should not feel pressured to return to work if they have been denied or had their benefits cut off.

I work for a cleaning company and my employer’s designation of what constitutes a “vulnerable person” doesn’t seem right. I’m worried about my health. What do I do?

Companies have the right to work within public health and safety guidelines, even if the situation is not ideal. If an employee feels unsafe they should communicate their concerns to their employer. If there are employees in the workplace who have contracted COVID-19, an employer is obligated to report the cases to public health.

I was terminated from my employment a year ago and given a bad severance package. Is it too late to do anything?

Employees who have been terminated have two years from the initial date of termination to file a wrongful dismissal suit.

My friend has been working for 22 years. His new manager asked him to sign some papers. Weeks later, he was let go and was given a week-per-year severance. What should he do?

Employers often encourage employees to sign contracts with termination clauses in order to limit their future severance entitlements. Before signing a new contract agreement, employees should contact an employment lawyer. It is also important to remember that termination clauses are rarely enforceable.