Employment Law Show 640 Toronto – S9 E59

Episode Summary

Severance entitlements, COVID-19 testing at work, non-competition clauses, and more on Season 9 Episode 59 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

Infectious Disease Emergency Leave has been extended once again.

The Ontario government has extended IDEL to expire on September 25th, 2021. Employees on this leave/layoff and expect to hear back from their employer can be on a layoff for another 2 months. Employees can choose to treat the layoff as a termination and pursue their severance.

I work for a bank and we have to do courses on a regular basis. A new course has been added regarding anti-racism. Can this legally be required?

There is no employment law that states employees can be forced to attend a course, however, it is within an employer’s rights to terminate an employee for not doing so. Employees can be terminated without cause as long as an adequate severance is offered.

I’ve been off work due to a medical issue but I was approved to return but with some accommodations. My employer said I couldn’t come back if it wasn’t in full capacity, but due to my condition, I wasn’t able to. I was terminated for cause. Is this right?

An employer has a duty to accommodate an employee’s medical condition. By failing to accommodate an employee’s condition, an employer is potentially violating that employee’s human rights. Employees cannot be penalized for having a disability or medical condition, and cannot be terminated for cause as a result of their condition.

If I have a reaction to my COVID-19 vaccine, am I eligible for the benefits program?

Employees who have a reaction to a COVID-19 vaccine are eligible to receive the 3 paid sick days the Ontario government has provided as a result of the pandemic.

I was told I’d receive fourteen months of severance within six months. Is this allowed?

It is important to speak to an employment lawyer after a severance package is offered to calculate whether or not the severance payments are adequate as well as whether or not the severance document includes a statement about alternative employment.

LEARN MORE
• Severance Pay Ontario
• Severance Pay in Alberta
• Severance Pay B.C

My partner works at a music company and recently signed a code of ethics. If he listens to music that is pirated, could he be in breach of the contract?

It is important to look at the terminology of the document to determine what is considered a breach of the code of conduct and what an employee is permitted to do and what is worth disciplinary action.

My friend’s employer is implementing rapid COVID testing at work and after refusing to undergo a test, he was told he is being insubordinate. What should he do?

Given the seriousness of the pandemic and the quick results of a rapid test, an employee could lose their job if they refuse to undergo testing and measures that ensure the safety of all staff. If the risk of COVID-19 decreases, there might not be a reason for an employer to continue rapid testing.

I left my previous employer and moved onto a different company that sells the same products. There was a non-compete clause in my previous contract. What do I do?

Employees should bear in mind that while most non-competition clauses are not enforceable, employers are within their rights to try and pursue legal action. Employees in this current situation should notify their employers of the situation. Non-solicitation clauses refer to which individual makes the first move; employees should document that the client established the first contact.

Watch to Learn More
Employment Law Show Season 5 Episode 23 – Non-Competition and Non-solicitation

My wife has been offered seven months severance after seven years at a senior executive level position. She was also recruited by this company. What is she owed?

Severance entitlements are based on a number of factors, including the age of the employee, the position and length of employment. In some situations, if an employee was recruited they could be owed severance from the years worked at a previous company if an employee has been terminated within the first few years at a new company.