Employment Law Show 640 Toronto – S9 E92

Episode Summary

Paying for COVID-19 testing, severance after 20 years, new ownership terms, and more on Season 9 Episode 92 of the Employment Law Show on Global News Radio on 640 Toronto.

Listen below as Employment Lawyer Alex C. Lucifero, Partner at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto, the GTA, Hamilton, London, and across Ontario on the Employment Law Show. Jon shatters myths and misconceptions about severance pay, terminations, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, independent contractors, and more.

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Episode Notes

What are my rights in regards to mandatory vaccines and termination?

Employees need to remember that it is not possible to prevent an employer from terminating them as a result of vaccination status. Employees who have been terminated, however, are still owed their full severance entitlements and in most cases cannot be terminated for cause.

My employer has asked me to provide a weekly COVID-19 test. As they’re providing an alternative to a vaccine, is this going to affect my severance?

Employers should in fact be paying for the regular COVID-19 testing if the cost is significant and can cause financial difficulties. A significant amount of money can lead to constructive dismissal. It is also important to note that employers can receive rapid tests from the government. Depending on the industry, testing can be reasonable but not in every workplace.

I work for a federal company. I’ve heard rumours that severance is less or not on par for provincial employees. Is this true?

A federal employee’s full severance entitlements are based on their age, length of employment and position. It is often assumed that federal employees are owed less severance, as minimum entitlements can be less however minimum entitlements do not matter.

LEARN MORE
Federally Regulated Employees and COVID-19 Vaccine Policies

My friend is being offered a position within her company that is not unionized. Will her previous employment with the same company count towards severance?

Previous years of service should count towards an employee’s future severance entitlements. It is important to look closely at the employment contract if offered as it could contain terms that limit severance entitlements. Employees should speak to an employment lawyer before agreeing to a new position and signing an agreement. Unionized employees have the ability to grieve the position is terminated and can potentially get their job back.

My mom’s company recently changed ownership. Substantial terms of employment have changed as a result. Is this cause for constructive dismissal?

While employers are within their rights to change minor terms of employment, substantial changes can result in constructive dismissal. These changes can be a significant reduction in compensation, demotions, major relocation, etc. Employees who do not wish to accept the new terms of employment should communicate their refusal and concerns as soon as possible to their employers. Employees who choose not to speak up could be seen as potentially accepting the proposed changes.

How much basic severance should an employee get?

There is a lot of misinformation regarding an employee’s severance entitlements and it is hard to generalize. Employees’ full severance entitlements are based on their age, the length of employment and the position. In some cases, short-service employees could receive comparably more severance than a longer service employee as it could be more difficult for them to find future employment.

Are severance packages typically adequate?

It is very rare for employers to offer adequate severance packages upon termination. Employers and employees are often unaware of how severance is calculated and incorrectly assume that the Ministry of Labour can offer advice. As a result of COVID-19, many employees believe they are owed less severance when in fact the pandemic should not negatively affect severance entitlements.

I was laid off as a result of COVID-19 and I was given an ROE that said my position is not available. Every few months I’m told my layoff has been extended. it’s been two years, what can I do?

Some employees have been on a layoff for almost two years as a result of the pandemic. Employees can dispute the temporary layoff and can choose to treat it as termination and pursue their severance entitlements. Employees should be wary of signing an agreement that allows for layoffs. Employees should remember that while on a layoff, the time spent is still added to their length of service in regards to severance entitlements.

I’ve been employed for 3 years through an agency. I was told there is no more work for me. Am I entitled to severance and who would pay it?

Employees who are employed through an agency are still owed severance upon termination or if there is no longer any work available. Employees in this situation should contact an employment lawyer as soon as possible as many agencies assume they do not have any obligations. In some situations, both the employer and the agency could owe an employee severance.

I just returned to work on modified duties after being on disability for a few months and I was let go after a week. I was given a year of severance after 23 years of employment as a manager. Is this right?

Employers do have a duty to accommodate employees with a medical condition and cannot penalize or terminate employees as a result of medical leave, it is a human rights violation. Employees who are terminated in a discriminatory manner are owed additional damages along with severance. Older service employees are typically offered the maximum amount of severance entitlements, which can be up to two years of entitlements.