Employment Law Show 640 Toronto – S9 E53

Episode Summary

Stress leave, vaccination requirements, fired after a medical leave, and more on Season 9 Episode 53 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 without and for cause, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, independent contractors, temporary layoffs and more.

Listen to the Episode

Episode Notes

My employer told me if I am not vaccinated by next month, I will lose my job. Can he do that?

Employers legally cannot force employees to be vaccinated. There are many issues at play in forced vaccinations, such as privacy issues as well as human rights violations. Employers are permitted to ask employees if they are vaccinated in order to determine possible accommodations but cannot penalize employees who have no been vaccinated.

My friend has been a secretary for 30 years and the employer she works for is retiring. She’ll be out of a job, is she entitled to severance?

Employees’ severance is calculated based on a number of factors such as the age of an employee, their position and length of employment. Employers are permitted to give an employee advance notice of their termination. Formal advance notice with a specific end date could be counted towards a severance entitlement.

Learn More
• Severance Pay BC
• Severance Pay Alberta
• Severance Pay ON

I work in sales and my company just hired another worker in my department. I work on commission and am worried about my compensation. What do I do?

Employers do not have the right to significantly change the terms of employment of an employee without their consent, such as their compensation. A dramatic reduction in compensation is considered a significant change and can be treated as constructive dismissal. Employers have to act in good faith to all of their employees.

I was given a termination letter with 3 months severance after 4 years with the company. The HR manager says if I hire a lawyer they will not give me my severance. What do I do?

Severance is based on a number of factors and employers are not permitted to withhold severance; it is a legal obligation. Severance for non-unionized employees is based on the age of an employee, the length of service and their position.

I’ve been on a stress leave but don’t want to go back to work because of how I will be treated. What do I do?

Employees have to be able to show evidence of mistreatment and harassment from their workplace. Employees who can prove a toxic workplace could have a reason for constructive dismissal. It is important for employees to keep records of incidents.

LEARN MORE
• Stress leave rights for Ontario employees

I’ve been given notice I am going to be laid off. I had to train my replacement. Is this allowed?

Legally, employers are within their rights to ask employees to train their replacements. Employees who have been terminated without cause are owed their full severance entitlements.

I’m a transport driver. We were very busy during COVID-19 and so it was hard to take time off. Am I still entitled to vacation time a year later?

There is a difference between vacation pay and vacation time. Employees who have been paid vacation time are still entitled to vacation time off. Even if employees have agreed not to take vacation days, they can be held to it by their employers. Employees should contact an employment lawyer if their employers are unwilling to rectify the issue.

I’ve just gotten back from disability leave. I got into a small accident at work and now my employer says I’m unable to work. Is there anything I can do?

Employers and employees do not decide if an individual is ready and able to work, only an employee’s doctor can determine whether or not an employee is able. Employers who terminate employees have wrongfully dismissed the employee and are potentially in violation of their employee’s human rights.

My boss sends me emails while I’m on holiday. Am I obligated to respond? What are my rights?

Employees have a right to disconnect from work while they are on vacation or not during regular work hours. Employees should express their concerns to their employer. Employees on vacation have a right to be disconnected completely and cannot be penalized for not responding to their employer.

Learn More
• The Right to Disconnect

What happens if I need to miss work for medical reasons? How much leave do I get?

Employers often confuse paid sick days and sick leave. Employees are permitted to take an unpaid medical or sick leave for as long as needed with their doctor’s support.

I had a medical issue and I was unable to work and had to take a medical leave. I eventually let my employer know I was ready to return and learned they were planning on replacing me. What can I do?

Employees who have not been able to contact their employers can treat the lack of communication as termination and pursue their severance entitlements. Employees cannot be penalized for disabilities or medical conditions and employers can potentially be in violation of their human rights.