Employment Law Show 640 Toronto – S9 E84

Episode Summary

Vaccine policies, shaming employees for behaviour, advance notice, and more on Season 9 Episode 84 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

If in a managerial position are you exempt from overtime hours? Are all HR Conversations privileged?

Managers are not legally required to be paid overtime unless a contract states otherwise. It cannot be assumed that conversations with the HR department are private or confidential. Some employees are given the title of manager in name only, however, and are not, in reality, authority figures. It is good practice for HR to keep things confidential however it is not a legal obligation.

Is it legal for an employer to terminate an employee for cause due to their vaccination status?

Employers cannot terminate an employee for cause and withhold severance from an employee if they are not vaccinated and are liable to potential human rights damages if they choose to do so. Employees who work within a sector that has a government mandate regarding vaccination, can be let go for cause if they refuse to be vaccinated.

It has come to my attention that my employer has started posting the names and info of employees who have gone over the speed limit while driving for the company. Is this legal?

Legally, there are no laws that prevent an employer from posting information such as this on a bulletin board or for the rest of the company to be seen. Violating speeding limits is technically public record and so an employer is not violating an employee’s rights.

Will my employer be able to let me go if I refuse to get vaccinated?

While employers should be wary of terminating employees based on their vaccination status, employers are technically able to terminate an employee for any reason as long as severance is offered. Employers will not be able to terminate an employee for cause due to their vaccination status unless there is a government mandate.

LEARN MORE
• COVID-19 Knowledge Centre
• Vaccinations in the Workplace Webinar

Does my boss have to give me notice if they are going to change my schedule?

Minor changes in a schedule change do not necessarily have to be cleared with an employee, although it would benefit the employer and employee relationship if notice is given. Major changes to a schedule or compensation however have to be consented to by an employee and a refusal to do so can lead to constructive dismissal. Employers do not have the right to implement significant changes to the terms of employment without an employee’s consent.

Can I be fired after being falsely accused by my employer?

Legally, an employer has to be able to prove that an employee has behaved inappropriately or exhibited serious misconduct in order to pursue termination for cause. Employers are within their rights to terminate an employee without cause and ensure they are paid adequate severance.

My employer has given me notice that my job will end at the end of the month. I don’t want to stay any longer. Can I just quit and get my severance now?

Employers are within their rights to provide an employee with advance notice of termination. Employees who choose to leave before the agreed-upon last date of employment are considered to have resigned and will not be owed any severance entitlements. Full severance entitlements can only be offered upon the termination of employment.

LEARN MORE
• Severance in Ontario
• Severance Pay BC
• Severance Entitlements Alberta

I was only given a few weeks of severance after 5 years of employment. I’d given a month of notice but they let me go on the spot. What am I owed?

Severance is based on a number of factors including the age of an employee, the length of employment as well as the position. An employee in this situation should contact the Ministry of Labour for the remainder of the wages owed.

I’m a Canadian citizen but I work for an American company. What employment laws am I subjected to, Canadian or American?

Employers and their employees are subjected to the local laws of their company. Despite the fact that the company might be American-owned, if it is operating in Canada, the employer has to adhere to Canadian employment laws and regulations, most likely provincial laws.