Employment Law Show 640 Toronto – S9 E69

Episode Summary

Schedule changes, annual bonus removals, returning from sick leave, and more on Season 9 Episode 69 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’ve been at my company for 36 years and am a supervisor. I was laid off and later let go but wasn’t given many details. What am I owed?

Long-service employees are typically owed the maximum amount of severance entitlements; twenty-four weeks. Many employers during the pandemic have mistakenly offered their employees less severance or laid them off temporarily. Employees who are unaware of their rights or what they are owed should contact an employment lawyer as soon as possible to pursue their severance.

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Severance Pay in Ontario

I’m in a healthcare position for 15 years. My schedule is changing drastically. Do I have to accept these changes?

Non-unionized employees do not have to accept significant changes to the terms of their employment if they have not consented to changes in an agreement. Employees who wish to remain employed should communicate their concerns with the employer. Significant changes to employment can also be considered reasons for constructive dismissal.

My employer wants to get rid of my annual bonus. This is a big part of my compensation. What can I do?

Employers cannot reduce an employee’s compensation drastically without an employee’s consent. Fundamental changes to the terms of employment can be treated as constructive dismissal and employees can pursue their severance.

I had an agreement with my boss for medical leave. When I returned I was sent to another business. Can he do this?

Employers can only re-locate employees if they have agreed to do so as a term of employment. Employees can only not be penalized for a medical condition and must be accommodated by their employer. Penalizing an employee with a medical condition or disability is considered a human rights violation.

I relapsed last year and eventually after a bender returned to my job. I was terminated. I’m a union employee but feel they aren’t handling my case well. What do I do?

Unionized employees have to address their concerns to their union representative and cannot seek external legal advice. It is important to note, however, that employers cannot penalize employees for substance abuse or addiction as it is considered a disability. A unionized employee can pursue a human rights complaint regarding discrimination against their disability.

I was recently terminated but told that I had to stay and work for another month. Do I have to stay?

Employers are permitted to give employees working notice of termination. This is often used as a means to lessen the amount of compensation owed after an employee’s termination. Employees who resign before their end date are giving up their future entitlements.

Can I be fired for not following the provincial health records regarding COVID-19? I did not sign any documentation agreeing to these new measures.

Employers are permitted to implement health and safety guidelines instructed by the government to ensure a healthy and safe work environment.