Employment Law Show 640 Toronto – S9 E54

Episode Summary

COVID-19 layoffs, vaccinations in the workplace, new contracts, and more on Season 9 Episode 54 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.

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Episode Notes

I had a back injury and my doctor provided a note with modified duties. I was told to go on short-term disability by my employer instead. If it isn’t approved what do I do?

It is important for employees with disabilities or medical conditions to properly communicate with their employer. Employers have an obligation to try and accommodate employees who require modified duties.

I work for a transport company and a federally regulated carrier. I was told if I don’t get a vaccine I won’t be able to work.  Is this true?

An employer cannot demand employees are vaccinated unless there is a specific government mandate forcing employers to do so. There could be some requirements if an employee is required to travel across borders in order to do their job.

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Can my employer force me to get a COVID-19 vaccine?

I was given a contract and in the contract, it is included if there is no work I can be laid off. Should I agree to this?

Employers do not have the right to put employees on a temporary layoff unless an employment agreement stipulates that right. Employees should be wary of accepting these terms and communicate their concerns before signing an agreement.

I’m a truck driver and have been at this company for 3 years. My employer wants me to additional duties recently. Do I have to agree to this?

Employees should not sign a new contract with different terms if they do not agree with the proposed changes. Before agreeing to a new employment contract, employees should contact an employment lawyer or keep ensure the accepted terms are solely verbal.

Are there certain occupations in which employers can force employees to be vaccinated?

In general, most employers cannot force an employee to be vaccinated. There could potentially be exceptions in which the position is safety-sensitive, such as a health care position or in a long-term care home.

I was laid off and during the lay off my employer hired two internal leads to maintain my position. What could I have done differently?

Employers are permitted to terminate employees as long as adequate severance is offered and the reason for termination was not discriminatory in any way.

Last year I was laid off by my employer. A few of my colleagues have been paid out or called back. How long do I have to wait?

Employees who are laid off do not have to accept the temporary layoff and can treat the layoff as termination and pursue their severance entitlements.

Can employees insist on working from home?

Employers are within their rights to ask employees to return to the workplace regardless of the past pandemic working arrangements. Employees who refuse to return to the office are considered to have resigned.

As a salaried worker if an appointment runs late, can an employee be expected to make up the time?

Salaried employees can be expected to make up the time used if they are expected to work a certain number of hours a week/day.

I work in warehouse distribution and my employer was bought out by a US company. Our documents are still in the old company’s name. I’m having issues with vacation entitlements. Is this legal?

Often there are complicated company structures however employees need to be sure that their rights are not being violated. Employees who work within Canada and Ontario but whose employer is an American company are still entitled to Canadian employment laws.

I’m 73 and my employer wants to let me go in order to hire a younger employee. Should I accept their severance package?

Employers are not permitted to terminate employees due to their age as it is discriminatory and possibly a human rights violation. Employees should note that severance is based on a number of factors including their age, position and length of employment.