Employment Law Show 640 Toronto – S9 E98

Episode Summary

Important facts about medical leave, temporary layoffs, performance reviews, and more on Season 9 Episode 98 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as Toronto Employment Lawyer and partner Jon Pinkus, Associate at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto and the GTA 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

I had to take a medical leave of absence. I applied but was denied disability benefits. My employer took my denial as a reason to return to work and my refusal was seen as a resignation. What can I do?

Employees cannot be forced to return to work against their doctor’s advice despite a denial of disability benefits. While it is important to note that claimants are often wrongfully denied disability benefits, employees are permitted to take a leave of absence with their doctor’s support and cannot be penalized for doing so. Employees who are on a sick or medical leave of absence who are terminated might be owed additional human rights damages as well as severance entitlements.

I’m a part-time employee and have been on a layoff since the start of the pandemic. I haven’t heard back from my employer. What can I do?

Employees on a layoff do not have to accept the layoff and can instead treat the layoff as a termination of employment and pursue their severance. It is important for part-time employees to remember that they are entitled to severance despite not being full-time employees.

I’m a data analyst in my sixties and I’ve been employed by my employer for over 8 years. I was told I would be placed in a different department and have to learn new skills. I eventually lost my job due to performance reviews. What are my options?

Employees who are unsure of their performance and abilities can and should communicate their concerns with their employer and determine whether or not there is available training. Employees who feel they are not being adequately supported or given inaccurate reviews should express their dissent of the performance reviews. Employees should speak to an employment lawyer before resigning from their positions in order to determine their next steps.

WATCH TO LEARN MORE
Employment Law Show – Put on a performance review plan

How long can an employee be away from work for medical reasons?

Employees often incorrectly assume they are owed only a certain amount of sick days under the Employment Standards Act however there is no set length of time in which an employee is permitted to be away. The human rights code protects all employees who have disabilities, both physical as well as psychological who have their doctor’s support to take leave.

Does an employer have the right to ask employees about their diagnosis?

While an employer is not allowed to ask an employee about their medical diagnosis, they are permitted to ask about the necessary accommodations and limitations an employee has when returning to work. Employees should be generally cooperative with their employer’s requests.

What happens to an employee’s job while on medical leave?

Employees should stay regularly in touch with their employer in order to give their employer medical updates. Employees can ask their employers when or how often they require updates.

WATCH TO LEARN MORE
Employment Law Show – Medical or Sick Leave

What can someone do if they are not approved for disability coverage or their claim is cut off?

Employees who have been denied LTD or any disability coverage should speak to a disability lawyer as soon as possible and follow their doctor’s advice concerning ar return to work. Employees who are worried about job protection can also seek legal advice from an employment lawyer.

I was injured on the job and needed physio but was denied WSIB. As I couldn’t do my job without proper physiotherapy I resigned. What could I have done differently?

Employees who have been denied WSIB coverage should try and determine whether or not they have disability coverage and benefits through their workplace. Employees who cannot return to work due to an injury are still owed their minimum severance entitlements from their employer. Employees who have not been offered minimum severance entitlements if their contract has been frustrated should contact an employment lawyer.

I’ve been suspended for refusing to be vaccinated at work. I will be fired if I don’t get vaccinated. What can I do?

Employees cannot prevent employers from terminating their employment and should consider whether or not they are prepared to lose their employment due to their vaccination status. Employees who are prepared to lose their employment should contact an employment lawyer as soon as they are put on suspension. Unless an employee is working in a sector in which there is a government-mandated vaccine policy, they will be owed severance pay upon termination.

I was told I have to accept a severance offer by a certain date. What should I do?

Employers often set severance deadlines in order to pressure an employee to accept the initial severance package. The deadline that matters in regards to severance is the limitation period and employees have up to two years from the initial date of termination to pursue their severance pay.

LEARN MORE
Severance Pay in Ontario

Can my employer impose a major change to my job without my approval?

In order to for an employee to pursue constructive dismissal, employers will have had to impose a significant change to the terms of employment. While minor changes to employment are insignificant, a major relocation, as well as a dramatic reduction in compensation or demotion, can result in constructive dismissal.