Employment Law Show 640 Toronto – S9 E95

Episode Summary

Forced to resign, toxic workplaces, employment contracts, and more on Season 9 Episode 95 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.

Listen to the Episode

Episode Notes

My company found out I have a second job and now my employer thinks I’m unfocused. My other job is not connected at all to my position. Can they terminate me for cause?

Generally, it is very difficult to terminate an employee for cause as an employee has to have exhibited serious misconduct and there are no other options. Employers would only be able to terminate an employee for cause in this situation if there was an exclusivity clause in an employment contract.

I’m a contractor for the same employer for four years. I now believe I’ve been misclassified and am actually an employee. Am I entitled to vacation and sick pay for the years I was misclassified?

Many employees have been incorrectly labelled as independent contractors by their employers, either intentionally or unintentionally. Individuals who have been incorrectly labelled are entitled to all of the rights, like vacation pay, as employees are entitled to.

How do I handle ableism in the workplace?

Ableism in the workplace is discriminatory and is a human rights violation. Employees can file a complaint with the Human Rights Tribunal as well speak to the Ministry of Labour as all workplaces are supposed to be harassment-free. Employees who feel they can no longer remain at a workplace as it is toxic can potentially be considered to have been constructively dismissed.

I was forced to resign and pushed out a year ago in a toxic workplace. What are my rights?

Employees have the right to work in a healthy and safe work environment free of abuse and harassment. Employees who have been pushed to resign due to harassment have been effectively constructively dismissed and terminated and can pursue their severance entitlements.

I was terminated with cause due to refusing to be vaccinated. Is this legal as my contract doesn’t have vaccination as a term of employment?

Many employers have decided to impose mandatory vaccine policies without government support and legislation. In reality, it is impossible to prevent an employer from terminating employees however in most cases, employers cannot terminate unvaccinated employees for cause. Employees who feel they have been wrongfully dismissed should contact an employment lawyer.

Have I forfeited my rights to severance as I didn’t act immediately when put on a layoff?

Employees who have been put on a layoff are within their rights to treat the layoff as termination and pursue their severance entitlements. It is important for employees to remember that certain workplaces were not permitted to open during the pandemic. Employees who are unsure of their rights should contact an employment lawyer.

My friend was offered a promotion but has to sign an employment contract. Is this going to restrict his future opportunities?

It is important for employees to look closely at new employment agreements offered by an employer as they often contain termination clauses. Termination clauses can limit an employee’s future severance entitlements. Before agreeing or signing a new employment contract, employees should seek legal advice.

If I’m a salaried employee am I entitled to overtime?

Salaried employees are entitled to overtime pay with very few exceptions, such as Managers or IT professionals.