Employment Law Show 640 Toronto – S9 E65

Episode Summary

Overtime pay for salaried employees, severance and disability benefits, with cause terminations, and more on Season 9 Episode 65 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.

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Episode Notes

I didn’t take my vacation last year. Am I still entitled to the time this year?

Employees have a right to take vacation however an employer is permitted to dictate when an employee should take their vacation. Employees should not feel pressured not to take a vacation.

Does overtime pay on a statutory holiday apply to salaried employees?

Salaried employees and hourly employees are entitled to statutory holiday pay as well as overtime pay. The only exemptions to overtime pay are managers.

I’m on LTD and have been for years, I’m 62 years old. After LTD cuts me off at 65, would I still be entitled to my full severance pay?

Employees who are on LTD for a significant period and are unable to return to work can be considered a frustration of contract and will not be owed their full severance entitlements. Employees in this situation will only be owed their minimum entitlements.

I was terminated after 12 years in a technical role. I was offered 25 weeks of severance. Is that fair?

Employees should look closely at the terms of their employment contract in order to determine whether or not there are termination clauses. If not, severance is based on a number of factors including the age of an employee, the position and length of employment.

My employer gave me a month of working notice. I was denied a request for time off to go to an interview. Is this allowed?

Working notice is given in order to aid an employee in finding future employment. Employers should not be preventing an employee from finding future employment and if found to be doing so, can be considered to be operating in bad faith.

I was off sick for a week and now my employer wants me to take a COVID-19 test before I return to work. Do I have to get this done?

In some jobs, an employer can insist on medical documentation as the workplace could have a high-risk population. Employers have an obligation to maintain a healthy and safe workplace for all staff.

The ON government website says I have to wait 5 years before I qualify for severance. Is this true?

Under the Employment Standards Act, severance refers to if an employee has been employed for over 5 years and is dependent on the scale of the company. Under the common law, employees are entitled to severance and it is based on the age of an employee, their position and length of employment.  Severance under the common law is not dependent on whether or not an employee has been employed for over five years.

LEARN MORE
• Severance in Ontario
• Severance Pay in B.C
• Severance Entitlements in Alberta

Do maternity leave and a layoff period count towards the length of service with a company?

While an individual is on any leave of absence, such as parental leave or sick leave, they are still considered to be an employee of the company. This length of time counts towards a future severance entitlement.

My partner’s stress leave was denied and her doctor confirms she is not ready to return to work despite her employer’s pressuring her. What can she do?

Employees who are denied leave despite support from their doctor can appeal the denial and seek legal advice. Insurance companies cannot override the medical opinion of an employee’s own doctor. Employees should adhere to their own doctor’s advice and only return to work when approved to do so.

Learn More
Long-term Disability Claims

My husband has been on LTD for almost two years. His company will be terminated his health benefits soon. Is this legal?

It is important to inspect the company insurance policy closely in order to determine what has been agreed upon. Employers are not obligated to continue health benefits while on a leave as it a form of compensation.

Can I apply for E.I. without any penalties as I just received severance?

Employees upon termination should apply for employment insurance immediately. During the pandemic, if an employee is receiving severance entitlements they are still entitled to receive employment insurance.

I’m a truck driver and have been for 17 years. On a recent trip, my truck was stolen while I was in the restroom. I was fired for cause. Is this legal?

It is typically very difficult to terminate an employee for cause. Employers cannot terminate an employee with cause simply due to one error and a previous exemplary employment record. Employees who feel they were wrongfully dismissed for cause should speak to an employment lawyer in order to pursue their severance.

LEARN MORE
Severance packages for truckers