Employment Law Show 640 Toronto – S9 E67

Episode Summary

Reduced hours due to COVID-19, constructive dismissals, mandatory vaccines, and more on Season 9 Episode 67 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, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, independent contractors, and more.

Listen to the Episode

Episode Notes

My employer reduced my shifts due to the pandemic. The business has picked up but my old shifts haven’t returned. What do I do?

Employers do not have the right to reduce an employees’ schedule or compensation. Significant changes to the terms of an employee’s employment can be considered a reason for constructive dismissal. Employees who accept changes should communicate with their employer in writing that the change should be temporary or refuse the change outright.

My boss told me I have to get a COVID-19 vaccine in the next two weeks or I’ll lose my job. Is this right?

Employers cannot currently enforce mandatory vaccines in the workplace or penalize employees who have not been vaccinated.

My company initially terminated my employment but then my employer decided to bring me back for a shorter schedule. I’m worried this will affect E.I. What should I do?

Employees that accept a shorter workweek have given their employer permission to make the change permanent and upon termination, severance would be based on part-time employment status. Employees who refuse to accept a significant change can treat the change as a constructive dismissal and pursue their severance entitlements.

Can the government mandate vaccinations?

It is possible for the government to mandate vaccines. In some industries, mandatory vaccinations are already part of the terms of employment, such as childcare or healthcare settings.

My HR manager said two weeks per year for severance is accurate. Should I contact an employment lawyer?

Severance is based on a number of factors including the length of employment, the age of an employee as well as the position. Employees should not accept a severance offer from their employer before seeing legal advice.

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

A friend had a disagreement with the owner and was let go and not offered severance. His previous employer is asking to re-hire him now years later. Will he have his tenure?

It is important for an employee who is returning to a previous employer to document in writing in an agreement or document of some kind, that their previous years of service will be acknowledged. This is particularly important for future severance entitlements.

I’ve been off on stress leave and am afraid to return to work. What do I do?

Employees will have to be able to show that they were mistreated at the workplace if they do not wish to return and still want compensation. Employees should document incidents of harassment or bullying to prove constructive dismissal.

My supervisor keeps asking about my vaccination status and I feel pressured to take it. What are my options?

Employers cannot force employees to be vaccinated or penalize employees who have not been vaccinated. Employees who feel they are being pressured or have been disciplined should contact an employment lawyer as it could be a human rights violation.

Can my employer force me to retire if I still meet all the requirements of my job?

Non-unionized employees cannot be forced to retire at any age in particular and if forced to do so, an employer might be violating an employee’s human rights.

I’m working under new management and have been moved to a different department. I’m a 30yr employee and worried they’re going to terminate me. What are my options?

Employers are permitted to terminate an employee for any reason as long as it is not discriminatory and adequate severance is offered. If the change to the job is not significant it is permissible.

I’m fully vaccinated but I worry about going into the workplace with other non-vaccinated employees. What are my rights?

Employers are currently allowed to co-mingle employees who are and are not vaccinated. In order for this to change, the government will have to pass a policy. Employees who choose not to return to the office can be considered to have resigned.