Employment Law Show 640 Toronto – S9 E77

Episode Summary

Mandatory vaccinations, employee privacy rights, fired for refusing to be vaccinated, and more on Season 9 Episode 77 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

After I was laid off I found another job, and my previous employer found out. I decided to stay at the new job and was told my resignation was accepted. Am I owed severance?

Employers are not permitted to lay an employee off without their permission, despite the pandemic. A temporary layoff is considered a termination and an employee is entitled to their severance pay even if they have found new employment.

Can employees who work in a sector that has mandatory vaccines refuse to be vaccinated?

While employees can pursue a complaint if they do not wish to be vaccinated, the process can take years to be resolved and ultimately will not benefit the employee in the short term. Employees who do not work in a sector in which the government has implemented mandatory vaccines do not have to be vaccinated.

In Ontario, has the government implemented mandatory vaccines?

Currently, the Ontario provincial government has not mandated vaccines even in the healthcare sector. In the healthcare and education sectors, employees who are not vaccinated have to undergo training and will have to take regular COVID-19 tests.

My company lost the contract I was working under but I found new employment. Am I entitled to severance?

Employees who are terminated without cause are entitled to severance pay. Severance pay is based on a number of factors including the age of an employee, length of employment and position. Employees who find employment fairly quickly after termination will likely be entitled to their minimum entitlements.

I was laid off and then a few months later the business was sold. Should I still be able to pursue severance?

Employees who have been laid off can treat the date of the layoff as termination and decide to pursue their severance. The two-year limitation period to pursue entitlements would begin at the date of the layoff as it is technically a termination.

LEARN MORE
Severance Pay in Ontario
Severance Pay in Alberta
British Columbia Severance Pay

I was informed I would be terminated with a severance package for one week per year of employment if I am not vaccinated. Can they do this?

Employers are permitted to terminate an employee for any reason as long as it is not discriminatory and severance is adequate. Severance is not calculated based on a simple week per year calculation but instead based on the years of employment, age of the employee and position. Terminating an employee based on vaccination status can also possibly be a human rights violation.

I work for a school board in Ontario. Who covers the cost for the testing and am I owed severance if dismissed?

Unionized employees do not typically get severance like non-unionized employees and are at times owed much less. The questions regarding the financial cost of COVID-19 testing as well as severance upon termination should be directed at a union representative.

I signed an agreement that allows my employer to terminate me without any notice. Can they legally do this?

Employers are permitted to terminate an employer without notice and for any reason as long as it is not discriminatory. Employees can only pursue a wrongful dismissal if, upon termination, adequate severance was not offered. Employees should be wary of signing agreements that can potentially limit their future severance entitlements.

My employer has informed me that I have to be vaccinated by a certain date and I am not ready to be. Can they terminate me or do they have to offer alternatives?

Employees who do not work in a sector that does not have mandatory vaccinations cannot be terminated or penalized for their vaccination status. Employers are permitted to ask employees to undergo COVID-19 testing as an alternative to vaccination. Employees who have been terminated based on their vaccination status should contact an employment lawyer to determine their rights.

LEARN MORE
How to respond if your boss pressures you to get a COVID-19 vaccine

My daughter was terminated after just over 90 days and wasn’t offered anything. Can they do this? She didn’t do anything wrong.

Employees can be terminated without cause for any reason but must be paid proper severance entitlements. Employees who have not been offered adequate, or any compensation upon termination, should contact an employment lawyer as soon as possible.

What happens to employees if the Ontario government does impose mandatory vaccinations?

A mandatory vaccination by the provincial government would force employers to impose mandatory vaccinations in the workplace. Employees who refuse to be vaccinated and are terminated will not be able to pursue any legal action and likely will not qualify for government benefits.