Employment Law Show 640 Toronto – S9 E99

Episode Summary

Removing an annual bonus, temporary layoffs, non-compete bans, and more on Season 9 Episode 99 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 without and for cause, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, independent contractors, temporary layoffs and more.

Listen to the Episode

Episode Notes

My employer wants to take away my bonus this year as they cannot afford it. Can they do this?

While some bonuses are truly discretionary, such as a holiday or Christmas bonus, other bonuses can be stipulated as a term of employment. Bonuses that are considered a term of employment or based on performance or metrics, employers cannot withhold it from an employee.

After facing some abuse from a coworker and reporting it to the manager, nothing was done. What are my options now?

All employees have the right to work in a harassment-free, healthy and safe environment. Employers are obligated to provide a safe environment and need to address concerns brought forth by an employee. Employees who feel that their complaints are not being investigated and resolved can speak to the Ministry of Labour or an employment lawyer for further information.

My manager says things have slowed down and he needs to lay me off. I know in the past this is how management has gotten rid of employees. What can I do?

Employees do not have to accept a temporary layoff unless they agreed to layoffs in their employment agreement. Employers do not have the right to lay off employees without their consent. Employees who have been laid off can choose to treat the layoff as termination and pursue their severance pay.

My boss is saying I have to take a vacation by the end of the year but I would prefer to carry it over. Can my boss tell me when I have to take my vacation?

Employers are permitted to tell employees when they are allowed to take their vacation. Despite employees wishing to have their vacation paid out, they are beholden to their employer’s decision. Employees who have already had their vacation initially approved but then denied could have a case against their employer for a potentially toxic work environment.

I confronted my manager about a discrepancy in my pay but was told I was wrong. What can I do about this?

Employees who feel they have not been adequately compensated can file a complaint with a branch within the Ministry of Labour in order for a proper investigation to be conducted. The Ministry of Labour is an appropriate avenue to pursue wage discrepancies but not severance entitlements upon termination.

I’m about to start a job with a competitor of my previous employer. I’d previously signed a non-compete agreement that prevents me from working for 2 years. How worried should I be?

Ontario has recently introduced legislation that would ban non-competition clauses. At this time, we are not sure when this ban would apply. Most non-competition clauses are not enforceable as courts do not appreciate elements that prevent employees from finding future employment.

I’m a salaried employee but regularly work 48 hours a week. Am I entitled to overtime?

Salaried employees as well as commission-based, part-time, etc., are owed overtime pay. There are a few exceptions to overtime pay, such as managers as well as certain IT professionals, and some service employees.