Employment Law Show 640 Toronto – S9 E73

Episode Summary

What employees should never do, vaccine requirements, resigning, and more on Season 9 Episode 73 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.

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Episode Notes

I worked with my employer for over 20 years and was let go recently and was given 6 months’ notice. I didn’t want to continue working and so left. Am I still owed severance?

Employees who choose to leave before the end of their notice period are considered to have resigned from their position and are no longer owed severance entitlements from their employer. Employees should also contact an employment lawyer before accepting a severance offer.

My employer wants to fire all of his employees and re-hire them as contractors. Can he do this?

Employers who let employees go without cause are obligated to pay their former employees severance. If an employer wants to re-hire previous employees as contractors the employees would have to be hired in a different role, and not as the same position.

I’m a PSW and my employer frequently asks about my vaccine status. I’m hesitant to get the vaccine, can I be forced?

Employers cannot require employees to be vaccinated however they are permitted to ask about an employee’s vaccination status in certain sectors. Employees who have been penalized for their vaccination status have potentially had their human rights violated.

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Employment lawyer on disclosing vaccine status

Employees should never assume what their legal rights are or seek information from the wrong sources.

It is important for employees to seek legal advice from an employment lawyer and not assume information from the internet, or a friend or family member is accurate. Employees will often give up their rights by listening to the wrong advice.

Employees should not accept significant changes to the terms of employment.

Employers are not legally permitted to make significant changes to the terms of an employee’s job without their consent. Significant reductions in compensation or a change in schedule can result in a constructive dismissal.

Employees should never accept a verbal termination.

Employees should confirm their termination to their employer in writing so there is proof for future severance entitlements. Without a written confirmation, employers are able to withhold severance as an employee could have resigned.

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• Termination without cause
• Severance Pay in Ontario

Employees should not contact the Ministry of Labour regarding severance.

The Ministry of Labour can only advise employees on their minimum entitlements and not their full severance entitlements. Filing with the Ministry of Labour ensures an employee is no longer able to pursue their full entitlements.