Employment Law Show 640 Toronto – S9 E68

Episode Summary

Reduced hours, severance for seasonal employees, new contracts, and more on Season 9 Episode 68 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as An 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 without and for cause, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, independent contractors, temporary layoffs and more.

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Episode Notes

I’m being recalled to work after a layoff but my employer wants me to sign a new contract. is this normal?

Employees should not sign an employment contract if they are returning from a layoff before speaking to an employment lawyer. A new contract could contain terms that would limit an employee’s rights and entitlements in the future such as their severance pay. Employees should not feel pressured to sign simply because they are finally being recalled to work.

My hours are being cut but I work for a small business. Am I still entitled to severance pay?

Employees do not have to accept a significant change to the terms of their employment, such as a dramatic reduction in compensation or hours. Employees are entitled to common law entitlements and severance based on a number of factors such as their age, length of employment and position. The size of the company does not factor into the amount of severance an employee is entitled to.

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• Severance Pay in Ontario

I have a tenured employee that provided notice of medical leave. After an investigation, I’ve discovered they are working at a new job. Can I terminate them for cause?

Employers should be careful before terminating an employee for cause. Employers should ensure they have properly investigated all aspects of the employee’s behaviour before terminating for cause as it is typically difficult to prove. All communications should be documented between an employer and employee.

My friend has worked for the same company for 23 years. His employer has changed his job title and he has new responsibilities. Is this reason for constructive dismissal?

Employers do not have the ability to change the fundamental terms of employment of an employee without their consent. It is important for employees to determine whether or not the change is significant and reasonable to pursue constructive dismissal. Employees who wish to remain employed should communicate their concerns with their employer.

My employer informed me I would be recalled months ago but it keeps getting delayed. I’ve since found out that other employees have been doing my job. Am I entitled to severance if I’m a seasonal employee?

Seasonal employees do have the right to severance if they are not working during their usual recall period. Employers who do not recall seasonal employees during their time of typical time of employment could owe the employees severance. Employees should consider whether or not they have an employment contract that has certain terms that allow employers to impose layoffs.

My wife is being recalled at her fitness club after a layoff. They want her to sign documents that say she will first be fired then re-hired. Will this affect her rights?

Before agreeing to sign any documentation after a recall, employees should speak to an employment lawyer. Employees are not obligated to sign a contract in order to resume their employment after a layoff.

Employers have imposed changes to employees returning from a layoff. Can they do this?

Employees should not agree to significant changes to the terms of their employment despite the pandemic and return from a layoff. In most cases, a temporary layoff did not have to be accepted by employees. Employees who do not wish to accept changes to employment should speak to an Ontario employment lawyer and consider pursuing constructive dismissal.

How does an employee know they have been constructively dismissed?

Employees who have experienced a significant reduction in compensation and hours are typically constructively dismissed. A dramatic relocation in employment also can be a reason for constructive dismissal.

Can harassment lead to constructive dismissal?

A toxic workplace can amount to a constructive dismissal as all employees are entitled to work in a safe environment. Employees who have been harassed or bullied should document all incidents of abuse.