Employment Law Show 640 Toronto – S9 E58

Episode Summary

Salary and bonus reductions, layoffs, pay discrepancies and more on Season 9 Episode 58 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as Employment Lawyer and partner Stan Fainzilberg, Associate at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto and the GTA on the Employment Law Show. Stan 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

My employer introduced a cost reduction plan and so my salary was reduced. After this plan, the company then terminated my employment. What should my severance be?

It is important to remember that employers do not have the right to implement significant changes to the terms of employment, such as a major reduction in compensation. Employees who have had changes made to their employment can treat the change as grounds for constructive dismissal and pursue their severance entitlements.

My employer wants to take away my bonus this year as the company can’t afford it. Is he allowed to do this?

Bonuses are not uniform in every company. Some bonuses are performance-based and so employees only earn a bonus if they meet certain requirements. If a bonus is discretionary and not a consistent part of an employee’s compensation, an employer is not obligated to give it. Bonuses that are met by performance goals must be given out if an employee meets the expected targets.

Is it possible for the Infectious Disease Emergency Leave to be extended once again?

It is possible that the Ontario government could extend IDEL as it has previously been extended twice before. IDEL currently expires on September 25th, 2021. Employees who are currently on a temporary layoff can choose to treat their layoff as a termination. Employees on a leave currently do have job protection.

Learn More
Ministry of Labour updates policy on Infectious Disease Emergency Leave

My employer told me things are slow and that I might be laid off. What can I do in this situation?

Employers are not permitted to lay off an employee without their consent. Employees do not have to accept a layoff and can treat the layoff as being constructively dismissed and pursue their severance entitlements.

Can my employer tell me when to take my vacation?

Employers are permitted to instruct employees on when their vacation should be taken.

I confronted my manager about a pay discrepancy and was informed I was wrong. What do I do?

Employees who have not been paid or properly compensated can file a complaint with the Ministry of Labour. Employees should properly communicate their concerns with their employer prior to filing a complaint.

I’m about to start a job at a competitor to my former employer. I had a non-compete clause in my previous contract. How worried should I be about this clause?

In most cases, a non-competition clause is not enforceable as it limits the ability of employees to find future employment. Employees should be careful however of possible legal action taken by their former employer.

Are salaried employees also entitled to overtime pay?

While there are certain exceptions to overtime, such as an IT professional or a manager, most employees are entitled to overtime pay after 44 hours have been worked in a week.

LEARN MORE
Overtime Pay in Ontario

I was just terminated due to a personal post I made on Facebook. Is this legal?

Employers are within their rights to terminate employees without cause as long as adequate severance is paid. It is however difficult to prove termination for cause and many employers often incorrectly terminate employees with cause.

How much notice do I have to give if I want to resign?

Employees should look closely at whether or not their employment contract stipulates a certain amount of notice. Legally, if not indicated in an employment agreement, an employee is not obligated to provide notice.