Employment Law Show 640 Toronto – S9 E83

Episode Summary

Vaccination mandates at work, termination with cause,  and more on Season 9 Episode 83 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as an employment lawyer at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto and the GTA on the Employment Law Show. He 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’m an independent contractor and was recently told there’s no work for me currently. Am I entitled to any compensation?

Many employees are misclassified as contractors and can treat an unpaid leave as termination and pursue severance entitlements. It is important for individuals in these circumstances to contact an employment lawyer in order to properly determine what they are owed and whether or not they are an employee.

Can you be terminated for any reason?

Employers are permitted to terminate an employee without cause for typically any reason as long as it is not discriminatory and adequate severance is offered. A wrongful dismissal suit does not refer to the reason behind termination but instead the entitlements offered upon termination.

Can my employer change my level of pay and workload without my consent?

Employers cannot change the fundamental terms of employment without an employee’s consent, such as a dramatic decrease in compensation. Employees who have had the terms of their position changed can pursue constructive dismissal.

Do federally regulated employees have different rights to severance?

Both federally and provincially regulated employees have the same amount of full severance entitlements however their minimum entitlements differ.

Can my employer fire me if my disability benefits were cut off by the insurer or force me back to work?

Employees who have a medical condition or disability should not return to work until their doctor approves of them to do so. A return to work before an employee is able can lead to further complications and regression in recovery. It is also important to remember that claimants who have had their benefits cut off or denied yet have their doctor’s support, can contact a disability lawyer to pursue legal action. Only a doctor is able to determine whether an employee is able to work. Employers who penalize employees with an illness or disability are violating human rights and can face legal action.

I’ve worked for the same company for almost 16 years yet they consider me a contractor. Is this true even though I don’t set my own schedule?

Employees who are often misclassified as contractors typically are not given much control over their position.  Individuals who work solely for one employer, have their hours determined by the same employer and are told when to take a vacation, sick days, etc, are not contractors but actually employees. Determining whether or not an employee has been misclassified is particularly important in regards to severance entitlements as independent contractors upon termination would not be owed compensation.