Employment Law Show 640 Toronto – S9 E60

Episode Summary

Employee rights during COVID-19, independent contractors, and more on Season 9 Episode 60 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as a Toronto employment Lawyer at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto and the GTA on the Employment Law Show. He 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

COVID-19 layoff expiry has been extended.

The Infectious Disease Emergency Leave has been once again extended to September 25thh 2021. Employees currently on a layoff do not have to continue to wait to be recalled to work and can treat their layoff as termination and pursue their severance entitlements.

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Ministry of Labour extends IDEL

My company no longer has any business and I was laid off and over 65 and just informed them I was retired. Do I qualify for E.I?

Employees who are already laid off do not have to inform their employer they are retired. It is important to look at the record of employment and speak to Service Canada in similar situations.

I’m a salesperson and paid a base salary and commission. Our company moved to a commission-only structure. I was told I had to sign a new contract. What are my options?

It is important before agreeing to sign a new employment contract to speak with an employment lawyer and inspect additional terms included in the agreement. Often employment contracts seek to limit the rights and entitlements of employees particularly in regards to severance.

I’m a PSW in a long-term care home. Can my employer fire me if I don’t get vaccinated?

Employers are permitted to terminate an employee for any reason as long as adequate severance is offered. Employers would not be able to terminate an employee for cause if they refused to be vaccinated. It is also important that employers do not terminate or penalize employees who are not vaccinated due to a medical condition or for religious purposes as it is a human rights violation.

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Can my employer force me to get vaccinated?

I work in hospitality and have been on a layoff since last year. While I’m technically considered a subcontractor by my employer, I believe I’m an employee. What do I do?

Many individuals who are labelled a contractor are in fact employees and are thus entitled to the rights of an employee including rights to severance. Individuals who are in this situation who wish to pursue their severance entitlements should contact an employment lawyer as soon as possible.

My employer is shifting to a new disability benefits plan. The new coverage limits my disability benefits and ensures I have to pay the premium. What should I do?

A major reduction in compensation and pay can be considered grounds for constructive dismissal if the reduction is approximately at least ten percent.

My contract included a non-compete clause as well as when and where I have to work. My compensation is also based on my production. Am I an employee or contractor?

Individuals who work full time solely for another company and do not have the ability to set their own schedule and clients are considered an employee or possibly a dependent contractor. Dependent contractors do have some of the rights of employees, such as rights to severance.