Employment Law Show 640 Toronto – S9 E72

Episode Summary

Termination clauses, changes to the terms of employment, COVID-19 red flags at work, and more on Season 9 Episode 72 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’m in my early 40s and have been with my employer for about 8 years. I was terminated and offered 3 months severance due to my contract. Is this right?

It is important for employees who have been offered a severance package to contact an employment lawyer as soon as possible before signing a release. Employers often do not offer employees their full severance entitlemensts and many termination clauses included in an employment contract are not enforceable. Employees who do not seek legal advice can be losing out on their full entitlements.

I’m a manager at a hotel and was on a temporary layoff. I’ve been recalled to work but at part-time hours. Do I have to accept this?

Employees do not have to accept significant changes to the terms of their employment, such as reduced compensation, a demotion or a major schedule change. Significant changes of employment without the consent of an employee can lead to constructive dismissal. Employees who are not recalled to work have been effectively terminated and are owed severance.

What should an employee do if they have been brought back from a layoff but their job has changed?

Employees should remember that they do not have to accept changes to the terms of their employment. An employer who imposes fundamental changes to an employee’s position has effectively terminated their employment. Employees who wish to accept changes for a temporary period must communicate the terms of their acceptance with their employer in writing. Employees who are asked to sign a new contract upon a return to work should not sign documentation before consulting with an employment lawyer.

My job title is a coordinator but lately, my employer has hired employees who do the same duties I do but with a specialist title. They make more money than I do. Is this allowed?

An employer is allowed to impose different titles even if employees are conducting the same duties and tasks as it is simply a label. However, if an employee is doing the same work as another employee and the co-worker is being paid more for the same duties, this could be problematic. Employees who do the same work arguably should be paid equal compensation.

Can my employer hold me to the minimum severance entitlements due to my contract?

Many employers include termination clauses within an employment contract however they are not always enforceable. Before agreeing to a termination and severance release, employees should contact an employment lawyer in order to determine if the clause is enforceable.

LEARN MORE
• Severance Pay in Ontario
• Severance Pay BC
• Severance in Alberta

Can my employer refuse to let me return to work as I am not vaccinated?

Employers currently cannot impose mandatory vaccinations in the workplace as the federal and provincial government has not passed any vaccination legislation. Employers must follow public health guidelines but cannot penalize an employee based on their vaccination status.

What can I do if my employer is not following public health guidelines?

All employees have the right to work in a healthy and safe environment. Employees who feel their employers are not following proper health and safety guidelines can refuse to work and should communicate their concerns with their employer. If an employer fails to improve the safety of the workplace, employees are within their rights to file a complaint with the Ministry of Labour.

I’m a security guard for a residential building. I’ve had to call in sick a few times and was told to compensate my replacement. Is this legal?

Employees are not responsible for compensating their replacements if they are away from work due to an illness. Independent contractors would be responsible if they are replacing workers with a subcontractor.

How can I provide a safe workspace for all my employees without asking about vaccination status?

Employers are only permitted to ask about an employee’s vaccination status if it is in order to provide possible accommodations. Employers should be following public health guidelines in order to provide a healthy and safe work environment, such as masking and social distancing.