Employment Law Show 640 Toronto – S9 E75

Episode Summary

Performance improvement plans, reduction in pay, severance and more on Season 9 Episode 75 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

The Uber class-action lawsuit has been certified in an Ontario Court.

A judge in the Ontario superior court has recently certified the class-action lawsuit against Uber on behalf of Uber drivers. The court recognized that many Uber drivers have the same issues with the company. Samfiru Tumarkin LLP is striving to prove that Uber drivers should be classified as employees and not independent contractors.

My employer just put me on a performance improvement plan which I do not agree with. How do I fight this as the issues they state are completely untrue?

Employees do not have to accept criticism and a performance review from their employer if they believe it is inaccurate. Employees should communicate their concerns about a review in writing. Employees should engage in the plan that they are given and do their best to follow guidelines.

I was told I would be paid my usual bonus but was let go before it was given out. Am I still entitled to my bonus?

Employers cannot withhold an annual bonus from an employee if they have worked the majority of the year. Employees could at times be entitled to a future bonus as part of their severance entitlement if the bonus was a consistent and major inclusion in compensation.

I worked as a server for over 16 years. The bar hasn’t reopened due to COVID-19 and I can’t get in touch with the owner. What do I do?

A layoff can be considered a constructive dismissal in most circumstances. The Infectious Disease Emergency Leave has made the issue concerning layoffs questionable for employers and employees. Employees who are unable to contact their employer can possibly be considered terminated.

I’m a pilot and am worried if I have side effects from the vaccine and fail my physical I could lose my job. What recourse do I have?

Employees in this situation would likely qualify for disability benefits and remain on benefits for as long as they are unable to work. Employers will likely be protected from any legal action from their employees. Employees with a medical condition or for religious reasons who are unable to be vaccinated might not be able to work in their current position.

LEARN MORE
How to respond if my boss is pressuring me to get vaccinated?

I argued with my boss as I was not paid during my lunch break. Can he do that?

Employees are entitled to a half-hour unpaid lunch break and employers are not legally required to pay employees for their lunch break.

A co-worker has made frequent inappropriate sexual comments to me. I have complained to HR but nothing has been done. What do I do?

Unfortunately, in some small businesses, management and HR can often be ineffective or bias in their investigations of abuse and harassment in the workplace. Employees should first speak to the appropriate individuals within their workplace regarding harassment. Employees who feel the issues are not resolved can resign and it will be treated as constructive dismissal, and are able to pursue their severance entitlements.

What is the most severance I can get if I am terminated?

Employees’ severance entitlements are based on their age, their position and the length of their employment. It is important for employees to contact an employment lawyer before accepting a severance offer as they are often inadequate.

LEARN MORE
Severance Pay in Ontario

I’m a courier and my compensation is largely made up of the commission. My most lucrative contracts have been given away recently and I have lost a lot of wages. What do I do?

Employees should always ask for confirmation from their employer to be put in writing. A major reduction in compensation can lead to constructive dismissal as it is considered a constructive dismissal. Employees do not have to accept significant changes to the terms of their employment by their employer.