Employment Law Show 640 Toronto – S9 E78

Episode Summary

Vaccine mandates, temporary layoffs, disability benefits, and more on Season 9 Episode 78 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.

Listen to the Episode

Episode Notes

I signed a one-year contract with a company but a month into this job I was let go with one week’s pay. Is this right?

An employer is obligated to honour the balance of the contract if it is a fixed-term contract. If a worker is let go before the end of the agreed-upon contract, they are owed the rest of the time in compensation.

I was put on a temporary layoff due to COVID-19. I found a new job and was told I’d resigned. Is this really a resignation?

Temporary layoffs can be treated by employees as termination and employees are within their rights to pursue their severance entitlements. If an employee finds new employment after a layoff, they cannot be considered to have resigned.

My wife was told her short-term disability would be cut off if she didn’t come into work despite her doctor telling her she is unable to work. What can she do?

Only an employee’s treating doctor can determine whether or not an employee is able to return to work. Employees should request a detailed note from their doctor stating what they are able or unable to do.  Employers cannot force or threaten an employee to return to work based on their medical condition. Employees who feel they are being pressured to work by their employer should contact an employment lawyer as soon as possible.

LEARN MORE
• Long-term Disability Benefits
• Termination of Employment Due to Illness

Has the Ontario provincial government implemented mandatory vaccinations?

The Ontario provincial government has not implemented mandatory vaccines but instead mandatory vaccine policies for certain sectors, such as education and healthcare. There are currently no government mandates in Ontario regarding vaccinations.

Will your employer be able to penalize an employee based on their vaccination status?

Many employers have decided to pursue their own vaccination policies and are penalizing employees who are not vaccinated by a certain date. This is technically not legal for most businesses and can be considered a human rights violation. Employees who are let go due to their vaccination status could have legal recourse and might be owed certain damages.

Will employers be able to ask if an employee is vaccinated?

Employers are not permitted to ask an employee about their personal medical information and cannot penalize an employee for not providing information. Employers who have behaved in this manner could be forced to pay damages or re-instate that employee. This could change if there is legislation introduced by the government. Employers are within their rights to ask employees to undergo regular COVID-19 testing.

Does my employer have to give me time to get my second dose or can they terminate me by a certain date anyway?

Employers are not permitted to mandate a vaccine at all. It is not possible to stop an employer from letting an employee go however it is important to make sure that employees are aware of their rights. If a government mandate is in place, employers would be permitted to terminate an employee by a certain date.

Are vaccines mandatory for contract workers or do they have the same rights as regular employees?

The same rules for employees regarding mandatory vaccinations are applicable to workers on a fixed-term contract. Workers who are let go before the end of their contract are owed the balance of the contract in compensation and possibly damages.

LEARN MORE
• Mandatory vaccinations for Air Canada employees

Can employees refuse to undergo COVID-19 testing?

Employees who work in a sector that has mandated either vaccinations or regular COVID-19 testing will need to undergo testing if they are not vaccinated. Employees who refuse to be tested can be terminated from their position.

My employee worked a day after her she said she’d resigned. Am I obligated to pay her for that even though it was after her resignation?

Employers are obligated to pay employees for their last day of that was worked. Employees are not obligated to compensate employees who have resigned past their last day of work.