Employment Law Show 640 Toronto – S9 E56

Episode Summary

COVID-19 layoffs, fake resignations, part-time employee severance, and more on Season 9 Episode 56 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

With the end of IDEL coming up, my employer has said despite this I will be kept on a layoff. What do I do?

Regardless of the expiration of IDEL, employees do not have to accept a layoff and instead can treat the layoff as termination and pursue their severance entitlements. Employers do have an obligation to bring back employees who have been laid off if IDEL expires on July 3rd, 2021.

Learn More
• Infectious Disease Emergency Leave in Ontario

I’ve been let go and my employer is offering me a buy-out and wants me to sign a release document. What are my options?

Employers often offer former employees a settlement that is less than what they are actually owed. Employees are typically unaware of their entitlements; severance is based on the length of employment of an employee, their age as well as their position.

What is a fake resignation?

A fake resignation is a resignation that is not done voluntarily by an employee. Resignations have to be voluntary and cannot be forced upon an employee; that is a termination.

If an employee resigns, are they entitled to severance?

Employees who voluntarily resign are not entitled to severance payments. If an employee feels they have no choice but to resign or are pressured to do so, it is actually a termination and they are owed severance.

Learn More
• Severance Pay Ontario
• Severance Pay in Alberta
• Severance Pay in British Columbia

Can an employee retract a resignation if they quit in the heat of the moment?

Employment law in Ontario recognizes that heat of the moment resignations aren’t necessarily legitimate. Employees do have a window in order to retract their resignation; a matter of days. It’s important for employees to contact their employer in writing about their retraction. If an employer does not accept the retraction, it is now considered a termination.

Is it better to have been let go or resigned?

There is no database or record of employees who have resigned or why. Employers often imply it is in an employee’s best interest to resign in order to avoid paying severance entitlements.

How does an employee prove they were forced to resign?

If an employee was forced to resign, they should communicate in writing with their employer what has occurred.

What options do employees have who resigned due to a toxic work environment?

Employees who have initiated a resignation due to incidents of harassment at the workplace or a toxic work environment, are considered to have been constructively dismissed and can treat the resignation as a termination. Constructive dismissals occur if an employee has had fundamental changes to their terms of employment such as a demotion, a pay cut, etc.

I worked in a part-time job and originally I was told I could have the option of working from home but was eventually let go. Do they owe me anything?

Part-time employees are entitled to their full severance payments. Severance for part-time employees is calculated similarly to that of full-time employees and is based on the length of employment of an employee, their age and position.

My husband works construction and has recently been laid off. What should he do?

Construction employees are owed severance entitlements and cannot be laid off unless they consent to the layoff. Employers do not have the right to temporarily lay off employees if the layoff was not part of their employment previously.

I signed my severance offer as my employer said I wouldn’t receive anything if I didn’t sign it. I have now discovered I was owed more. What do I do?

Before agreeing to or signing a severance offer it is important for employees to contact an employment lawyer and ensure they are being given what is appropriate and what they are entitled to. Once agreed upon, it is impossible to take further legal action.