Employment Law Show: Ontario – S10 E102

Episode Summary

Can you be fired for taking medical leave? Is it easy to terminate for cause? Employment Lawyer Jon Pinkus, Partner at Samfiru Tumarkin LLP answers those questions and more on the Employment Law Show. 

LISTEN BELOW to Ontario’s premiere radio show about employment law and workplace rights featuring the province’s leading employment lawyers. You can catch the show on Saturdays and Sundays on 640 Toronto, Newstalk 580 CFRA in Ottawa, and 900 CHML in Hamilton as the hosts take calls from listeners and provide vital answers to employees and employers. 

Listen to the Episode

Show Notes

• Medical leave and issues with employer: Many claimants at the two-year mark of long-term disability are prematurely cut off their benefits. This can cause problems with an employer, leading them to believe an employee is ready to return to work. Only a treating doctor should decide when an employee is ready to return to work from medical leave and possible accommodations despite what an insurance company states.
• Fired due to poor performance: It is very difficult to terminate for cause on the basis of poor performance. An employer cannot simply fire an employee for cause due to simple errors. A series of warnings and discipline has to be implemented by an employer. Even in the case of an employee’s serious negative performance and incompetence, employees could still be entitled to severance pay.
• Working notice upon closure of a business: While employers are permitted to give employees working notice in the event of a termination or a business shutdown, severance pay must also be taken into consideration. Working notice can count towards a severance package however the age of an employee, the length of service as well as the position are also important factors.
• Vacation hours calculated upon termination: Employees that have given notice of resignation but are terminated before the notice period ends must be given some sort of compensation. Employees must have worked for an employer for a year in order for vacation pay to be given at the end of employment. Employees that are unsure of their entitlements in regards to vacation pay can seek out the Ministry of Labour.

Need an employment lawyer?

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