Employment Law Show 640 Toronto – S9 E85

Episode Summary

Overtime pay, vaccines at work, severance entitlements, and more on Season 9 Episode 85 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.

Listen to the Episode

Episode Notes

Is my employer able to force me to get vaccinated and threaten me with termination?

Many employers are imposing vaccination policies at the workplace whether or not the employee is working at the physical workplace or working remotely. Employers should be enacting health and safety measures that are practical and do not encourage legal action by employees. Employers within very specific sectors have mandatory vaccination policies supported by the government. In many circumstances, employers should be able to offer an alternative to vaccination such as regular COVID-19 testing.

My employer terminated overtime pay and made employees sign something before the payments stopped. Is this legal?

Employees cannot sign away rights to overtime pay despite an employer’s suggestion. Employees who are not managers in Ontario are entitled to overtime pay after they have worked over 44 hours in a week. A failure to compensate employees with overtime pay is illegal and employees are able to file a complaint with the Ministry of Labour if communication with an employer fails to rectify the situation.

Does time-and-a-half pay only apply to hourly wage employees or can salaried employees also benefit?

Salaried employees, just like hourly employees are entitled to time-and-a-half pay if they work on statutory holidays.

I’m 62 and on LTD and have been with my employer for 20 years. When my LTD is cut off at 65 am I still entitled to full severance?

Severance entitlements are only applicable to employees who have been terminated by their employer. Claimants who are cut off from their long-term disability benefits but are unable to work can lead to frustration of contract. Claimants who are subjected to medically frustrated contracts can claim their minimum severance entitlements.

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Long-term Disability Claims

I was terminated after 12 years of employment. I’m in my 40s in a technical role and I was offered 25 weeks severance. Is this fair?

Severance entitlements are based on a number of factors including the age of an employee, the position and the length of employment. While generally, full severance entitlements can amount to a month per year of employment, severance can at times be more depending on other external factors such as the possibility of future employment. Before agreeing to a severance offer, employees should contact an employment lawyer in order to determine whether or not the severance package is adequate.

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• Severance Pay in Ontario
• Alberta Severance Pay
• Severance in B.C

I’ve been given a month of working notice. My request to attend an interview was denied. How can this be allowed?

The purpose of working notice is generally to provide an employee with time to make arrangements for future employment. Employers should be encouraging an employee with working notice to seek out future employment opportunities and not prevent them from doing so. Employers in this situation appear to be acting in bad faith and an employee could state they no longer wish to continue working during the notice period.

I’ve been off for a week with a cold. I told my employer I could return next week and was told I have to take a COVID-19 test. Do I have to do this?

Employees in this situation would probably benefit from taking a COVID-19 test in order to return to work however they might not have to pay the cost for the test if an employer is requesting it. Employers are being offered rapid tests by the government and so should not impose the financial burden for testing on employees.

The Ontario government website says I have to wait 5 years before I’m eligible for severance. Is this true?

It is important to remember that the Ministry of Labour can only advise employees based on their minimum entitlements and not the full common law entitlements. In terms of common law, employees are entitled to severance as soon as they begin employment.

If I reveal my vaccination status will this ensure my employer can terminate me for cause?

Employers should be wary of forcing employees to reveal their vaccination status as it could potentially be a human rights violation. Employers should instead request employees reveal their vaccination status but offer the alternative of refusing to reveal if they have been vaccinated or not. Employees who reveal their vaccination status should not be terminated for cause, based purely on whether or not they are vaccinated.

Does my time on maternity leave count towards years of service with a company?

Maternity leave as well as a layoff or leave of any kind does count towards an employee’s length of employment with a company. This is particularly important in considering future severance entitlements if an employee is terminated.

My partner’s insurer denied her stress leave application despite support from her doctor. Her employer wants her to return to work now. What can she do?

Despite a denial by an insurer or pressure from the insurance company, only an employee’s doctor can confirm whether or not they are able to work or return to the workplace. Employees should not return to work before they are ready to do so. Employees in this situation should contact a disability lawyer if they have their doctor’s support to pursue legal action and claim benefits.

My husband has been on LTD with cancer for almost 2 years. His company is going to discontinue his health benefits after 2 years. Is this legal?

Companies can have policies in place that apply uniformly to every employee that discontinues benefits after two years. In most scenarios, employers are not able to cut off an employee’s benefits without any forewarning if they have been providing for the employee while on leave. Employers are not legally required to provide an employee with benefits while they are on leave.

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Cancer and Long-term Disability Claims