Employment Law Show 640 Toronto – S9 E50

Episode Summary

Employee resignations, constructive dismissals, unpaid wages, and more on Season 9 Episode 50 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

I needed to be home with my teenager but my employer gave me an ultimatum about returning to work or else I’d lose my job. What are my rights?

Employees have the right to remain at home with their children and take a leave of absence for childcare needs. Employers cannot penalize employees for their childcare obligations; terminating an employee is considered a reprisal.

I’ve been off on leave since last year due to COVID-19. Recently I’ve tried to contact my employer but have heard nothing. What do I do?

Employees do not have to accept a temporary layoff and can treat the layoff as termination and pursue their severance entitlements. Despite the pandemic, employers do not have the right to place employees on a layoff.

I’ve been with my employer for 4 years, working 12-hour shifts for the last couple of years. A month ago my shift was reduced. Can I consider this a termination?

Employers do not have the right to make significant changes to the terms of employment without an employee’s consent. Employees can treat the change as constructive dismissal in Ontario and should contact an employment lawyer as soon as possible as more time passes, the changes are considered to have been accepted.

I’m an essential worker and working on afternoon shifts. Last week, I was told not to come in on several days but I was not paid for the days work was shut down. What are my options?

Employees who feel they have not been compensated or paid their appropriate wages can file a complaint with the Ministry of Labour or begin legal action in the small claims court. Employees should decide whether or not they wish to begin legal action or speak with their employer about their concerns.

Should employees be receiving the same amount of severance as they would have before the pandemic?

Employment laws regarding severance have not changed despite the pandemic. Arguably, employees could receive more severance compensation as it could be more difficult to find future employment due to the current economic climate.

How can employees obtain a fair severance package?

Contacting an employment lawyer is key to pursuing a fair severance entitlement. Employees assume that taking legal action will be automatically expensive and lead to court. Typically, in the vast majority of cases severance is obtained quickly and easily and resolved without going to court.

I have a small business, a machine shop. A few days ago my employees felt they were in danger due to COVID-19 and left. I don’t know what my options are.

Employees who voluntarily leave their employment can be considered to have resigned. Employees are within their rights to expect a healthy and safe work environment; however, if an employer has taken necessary public health measures, they cannot refuse work.

 I am currently on a layoff. Can my employer ask me to use my vacation before returning to work?

Employers are permitted to schedule a vacation for employees.

Is the process of filing a wrongful dismissal suit expensive?

Many employment lawyers operate on a contingency basis; individuals will only have to pay legal fees if the case is successful. It is typically a straightforward legal process that rarely goes to court. On average, most cases are resolved between 2 weeks to 3 months.