Employment Law Show: Ontario – S10 E105

Episode Summary

Are contractors owed severance pay? Can you be fired for filing a harassment complaint? Employment Lawyer Lior Samfiru, co-managing Partner and national practice leader 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 hear the show live on Mondays to Thursdays at 640 Toronto and 980 CFPL in London at 6:30 p.m. ET, as the hosts take calls from listeners and provide vital answers to employees and employers.

Listen to the Episode

Show Notes

• Undergoing training before starting a new job but without pay: Employers cannot force employees to undergo unpaid training. Employees that are told to undergo specific training and it is not considered voluntary, it must be paid. Unpaid training is considered illegal. Employees do not have to undergo unpaid training and can file a complaint with the Ministry of Labour.
• Taking a leave of absence and the potential effect on vacation entitlements: An employer does not have to approve a leave of absence unless it is in regard to specific instances, such as taking care of a sick family member or due to an illness. Employers that do approve a leave can decide the terms of how the leave will be approved.
• Employee terminated due to filing a harassment complaint: Many employees fear disciplinary action or termination as a result of filing a harassment complaint. Employees cannot be let go as a result of voicing complaints of abuse or harassment. Employers have an obligation to provide a healthy and safe work environment and must investigate all claims and resolve claims of bullying. Employers that penalize employees as a result of filing harassment complaints could face significant legal consequences.
• Dependent and independent contractor: It is important for individuals to determine whether or not they are actually independent contractors, employees or dependent contractors. Many employees are mistakenly classified and then let go, and are not given what is owed to them in terms of severance pay. A refusal to give severance by an employer upon termination of an employee, or even a dependent contractor, is considered a wrongful dismissal.
• Brought back from maternity leave to a lesser position: Employees returning from maternity leave must be brought back to their original position prior to taking their leave. It is illegal for an employer to terminate an employee as a result of taking maternity or parental leave or changing their position significantly.

Need an employment lawyer?

• Pocket Employment Lawyer: Before you call a lawyer, use the Pocket Employment Lawyer to find out if you might have a case. 
• Severance Pay Calculator: Discover how much severance pay you should get when you lose your job. Used successfully by nearly 2 million Canadians. 
• Watch our TV Shows: Get further clarity on your rights by watching episodes of our popular TV show.