Employment Law Show 640 Toronto – S9 E94

Episode Summary

Severance and employment insurance, bonus removal, forced to resign, and more on Season 9 Episode 94 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as Toronto 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.

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Episode Notes

I have just received severance. Will I be able to apply for E.I. without any penalties or clawback?

Employees currently can receive severance entitlements as well as employment insurance. Employees should apply for employment insurance as soon as they lose employment.

My employer wants me to be vaccinated or get regular testing. I have refused both as I believe it’s a breach of privacy. What can I do?

Employers are not legally permitted to impose mandatory vaccination policies unless they are in a sector in which the government has mandated vaccines. Employers have to be able to show that the changes implemented in the workplace are warranted. Significant changes made to the terms of employment can lead to constructive dismissal for employees.

My employer won’t recognize my religious exemption from taking the vaccine. is there anything I can do?

In reality, it is impossible for employees to prevent employers from terminating their employment. Employees should consider whether or not they are ready to lose employment and should contact an employment lawyer as soon as possible to pursue their severance entitlements and other rights.

My company is trying to force me out of my job and make me resign. What should I do?

Employees cannot be forced to resign or retire as it must be completely voluntary. Employers that create a hostile working environment can lead to employees pursuing a constructive dismissal. Employees who leave their positions under toxic circumstances have been effectively terminated, and have not resigned.

I received a bonus for the last seven years but my boss says this year they can’t afford it. Can they do this if it was part of my contract?

In most situations, a bonus is part of an employee’s regular compensation particularly if it was included as a term of employment. Employees are entitled to bonuses if it was based on metrics and performance that has been met. Removal of a bonus in this situation is considered a reduction in wages and can lead to constructive dismissal.

What can I do if I have a problem with a manager at work?

All employees have the right to a healthy and safe work environment free of harassment and abuse. Employees should remember that simply disliking co-workers does not qualify as harassment. Employees who feel they have been harassed should communicate their concerns with the appropriate department at their workplace. Employees who have not had their concerns addressed can file a complaint with the Ministry of Labour or an employment lawyer.

I have been terminated and offered a week per year of severance. Is this fair?

Severance entitlements are determined by a number of factors including the age of an employee, the length of employment, the position and the likelihood of future employment. A week per year is typically the minimum severance entitlements and are not adequate severance for most employees. Employees who feel they have not been offered adequate severance should contact an employment lawyer.

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Severance Entitlements Ontario

If I’m in a mutually consenting relationship with a colleague at work can I be terminated for cause?

The nature of the relationship will determine whether or not an employee can be terminated for cause. Employees should remember that power imbalances and hierarchies in the relationship and the workplace can lead to many potential difficulties.

I was terminated after 30 years after I was duped into joining a pyramid scheme and recruiting people from work. What can I do?

In this situation, it will be important to determine whether or not the scam or dupe affected the workplace. If the workplace is affected negatively, unfortunately, employers can make the argument that the employee was not trustworthy.

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For Cause Termination

I’ve missed almost 2 months of work due to a medical issue. I’m now being terminated for being excessively absent. Is this legal?

Employees cannot be terminated as a result of a medical condition or for being on sick leave as it is a human rights violation. Employees have to have their doctor’s support and communicate their prognosis and inability to work with their employer. Employees who take time off that is initially approved of by an employer cannot be used against them in the future. Employers have to take disciplinary action for indiscretion and misbehaviour as soon as the incidents occur.