Employment Law Show 640 Toronto – S9 E66

Episode Summary

Social media in the workplace, termination for cause, overtime pay, and more on Season 9 Episode 66 of the Employment Law Show on Global News Radio on 640 Toronto.

Listen below as Employment Lawyer Alex C. Lucifero, Partner at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto, the GTA, Hamilton, London, and across Ontario on the Employment Law Show. Jon 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 was terminated for cause and I was not offered any severance or notice after my employer alleged wild accusations. What do I do?

It is extremely difficult for employers to prove termination for cause and often employers wrongfully dismiss employees without evidence to support the termination. A for cause termination can only occur if the behaviour exhibited by an employee is considered to be serious misconduct and there are no other alternatives of discipline other than termination.

Can an employer for an employee for using social media during work hours?

Employers can terminate employees for using social media during work hours if the time spent is lessening an employee’s productivity and efficiency. The degree of misconduct is important in determining disciplinary action.

My wife has been demoted and had her salary reduced as she cannot wear a mask at work due to a condition. What can she do?

In order to be exempt from public health measures, employees will need to have affirmation from their doctor. Employers cannot overlook possible accommodations. Employers do not have the right to change the terms of employment significantly without an employee’s consent.

I’m a truck driver and despite working over 60 hours a week, do not get paid overtime. Is this right?

In order to bank overtime hours, there are regulations in place in Ontario. An agreement has to be in place in order to bank over time and has to be approved by the Ministry of Labour. Employers need an employee’s consent in order to bank overtime hours and pay.

Should individuals be concerned about what they say about their employers on social media?

Employees should be wary of posting about their employers or former employers online as social media is open to the public. Employees who are still employed by a company can be seen as damaging their employer’s reputation and can lead to termination.

My wife suffered a miscarriage recently. Is she entitled to any paid time off from work?

In Ontario, how far into the pregnancy will determine whether or not an employee is entitled to bereavement leave. Employees who require some time off from work should speak to their doctor for possible accommodations including a leave. Sick leave does not have to be time off.

My co-workers were terminated for talking about work and supervisors on a private chat app. What are their privacy rights?

Employers can terminate an employee for any reason as long as adequate severance is offered and the reason for termination is not discriminatory. Once information is given to an employer, it is no longer considered private.

Learn More
Severance Pay in Ontario
Severance Pay in BC
Severance Pay Alberta

What should employers do if their employees are using social media excessively?

Employers should have an internet use and social media policy in the workplace. Employees should be made aware of the policy and regulations regarding internet usage, even if the employee is working remotely. Harassment and abuse online should also be addressed by company policy.