Employment Law Show 640 Toronto – S9 E88

Episode Summary

Vaccine policies, rapid testing, pressured to resign from employment, and more on Season 9 Episode 88 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

Many employers have implemented a blanket mandatory vaccine policy in the workplace. Can they do this?

Employers need to be careful when implementing mandatory vaccination policy where there is no government legislation and support. In some instances, employees do have credible exemptions and cannot be penalized due to their vaccination status. Employers should implement measures that maintain the health and safety of the workplace in a practical manner and follow public health guidelines. Employers who choose to impose vaccine policies could be liable to future legal action.

I recently received my severance. Would I be able to apply for employment insurance without any penalties or clawbacks?

The rules surrounding employment insurance have recently changed. As of September 25th, 2021, employees once again are unable to receive employment insurance as well as severance payments simultaneously. Once an employee’s severance payments end, they are able to apply and receive employment insurance.

I’m being forced to do testing twice a week if I’m not vaccinated. I don’t want to do either as I feel it’s a breach of my privacy. What can I do?

A reasonable compromise for many employers has been to offer either vaccination or testing. Employees can choose to accept neither option which can lead to termination of employment. Generally, asking an employee to undergo COVID-19 testing is considered permissible and is not a violation of an employee’s rights.

My employer won’t recognize my religious exemption from taking the vaccine. What are my options?

Employees who have legitimate exemptions and feel they are not being heard can file a complaint with the Human Rights Tribunal. Employees who have a religious exemption will have to prove their exemption is legitimate and sincere and can ask for a letter from a religious leader as further solidification.

I feel like my employer is trying to pressure me to resign. What can I do?

Employees who feel they are being pressured to resign should contact an employment lawyer as soon as possible. Toxic work environments can lead to constructive dismissal and employees can treat their circumstances as termination and pursue severance. Resignation has to be voluntary and cannot be pressured or brought about by an employer.

My contract says I was promised a bonus based on personal goals. Recently was told I could not be given a bonus this year. Can they do this?

Bonuses and compensation that are based on certain metrics and not simply on the employer’s discretion and choice should be given to employees. However, employees in this situation will have to be able to prove it is an integral part of their compensation and the loss of the bonus is a major reduction in income. If the loss of a bonus leads to a significant reduction in pay, it can lead to constructive dismissal.

What do you do if you have problems with your manager at work?

Employees should first communicate their concerns with the human resources department or the necessary department with the authority of their concerns. Employees who feel their concerns are not being resolved or investigated are within their rights to file a complaint with the Ministry of Labour. Employees are also able to contact an employment lawyer to discuss their next steps and options.

I’ve been on LTD for the past few years and am ready to return to work with my doctor’s support. I’m worried about the reaction from my employer. How should I approach them?

In order for a return to work to be successful for those who had long-term disability leave, employees will have to ask their doctor for the necessary accommodations and restrictions. Employers have an obligation to accommodate an employee’s medical needs up until the point of undue hardship. Employees who are penalized due to their medical condition or harassed by their employer can treat the environment and behaviour as constructive dismissal.

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• Long-term Disability and Employment Issues

My spouse has been off work due to a work-related injury and was being paid through WSIB. Her employer says due to her injury there is no work left for her. Is she entitled to severance?

Employees who have frustrated their contract with their employer, and are unable to work are still able to receive their minimum severance entitlements. Minimum entitlements are generally a week per year of employment for a maximum of eight weeks of termination pay. If an employee has been employed for over 5 years they are entitled to a maximum of 26 weeks severance pay.

 I’m in a mutually consensual relationship with a colleague at work. Can I be terminated for cause at my company?

The dynamics of the relationship will be significant in determining whether or not the relationship will meet the company policy. Relationships in which an employee is in a position of authority over the other can be problematic and might be cause for termination in some situations.