Employment Law Show 640 Toronto – S9 E52

Episode Summary

An ageing workforce, inadequate severance, reduced wages, and more on Season 9 Episode 52 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 worked for a small family-run business for 12 years as a general manager.  I was told I couldn’t be brought back after a layoff and offered 3 months severance. Is this right?

Employers cannot argue that due to financial difficulties, they are no longer obligated to pay severance entitlements. Unless a company declares bankruptcy, employers are still obligated to pay severance entitlements to terminated employees.

What can employers do with ageing employees?

Employers do have the right to terminate employees without cause but cannot terminate employees due to their age. If employees need help in terms of performing their duties, employers should offer accommodations and aid in order to improve their productivity.

Is your employer allowed to ask if you’ve been vaccinated?

Generally, most employers are not able to mandate vaccinations; however, it could be situational depending on the health and safety of the workplace. An employer cannot discriminate against an employee based on the status of their vaccinations.

I was terminated at the start of the pandemic for unrelated reasons. Looking back my settlement now is inadequate considering the current economic climate. Could I re-negotiate my severance?

Employees should remember that as soon as a binding agreement and termination release is agreed upon, it’s impossible to return to the settlement and the entitlements can not be re-negotiated. It is important to contact an employment lawyer before agreeing to a severance package offered by an employer.

I’m a dependent courier and I’m given transportation money to make deliveries. Three of my recent contracts have been cut and my pay has reduced. What are my options?

Many employers misclassify their employees as independent contractors when they are in fact either dependent contractors or employees. An employer is not permitted to change the terms of employment fundamentally, such as a drastic reduction in wages, without an employee’s consent. Significant changes can lead to constructive dismissal or an employee can negotiate to revert the imposed changes.

What should an employee do if they feel they’re struggling with their job?

An employee who feels they are unable to meet the required tasks of their position should ask for assistance by their employer and communicate their concerns.  Employees who feel criticism is not accurate should refute the claims in writing.

If an employer has no choice but to terminate an older employee, are they entitled to more severance?

Older employers are entitled typically to more severance as their age contributes towards fewer opportunities for employment and fewer possible years of employment ahead.

What should employees who feel they have been let go due to their age, do?

Employees who have been terminated should contact an employment lawyer before filing a human rights complaint and should not sign or agree to any severance offers.

I was terminated before a bonus was due, and they are now refused to pay the bonus. What recourse do I have?

Employers cannot avoid paying out bonuses by terminating an employee unless an employee has previously consented to different terms. Employees typically are owed a prorated bonus.

I was laid off last year after 17 years. I still haven’t been recalled. Is my time laid off added to the severance?

Legally the initial date of layoff matters and counts as the date of termination and is applied towards severance. The time period after a layoff is considered as a lack of wages and employment.

I started off as full-time and eventually became part-time. My employer seems to have forgotten about me after a layoff. Am I entitled to any severance?

Employers who are not permitted to operate will be exempt from offering severance packages to employees. Public health measures have prevented some businesses from operating and in some industries, employees have not been able to be employed due to government restrictions.