Employment Law Show: Ontario – S10 E107

Episode Summary

What are you owed if fired during probation? Can you quit your job due to harassment? 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, Sundays at 1 p.m. ET, on Newstalk 1010 in Toronto, as the hosts take calls from listeners and provide vital answers to employees and employers.

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Show Notes

• Terminated after 2 months of employment: Many employers and employees mistakenly believe that a probation period is automatic at the start of employment. Probation must be agreed upon at the start of a new position in an employment contract. Employees who have not signed an agreement outlining a probation period are owed severance if let go in the first few months of employment. Employees that are recruited into a new position could be owed an enhanced severance package.
• Contacting the government for advice after a termination: The Ministry of Labour cannot help employees if they have lost their job and are looking to receive their full severance entitlements. The Ministry of Labour can only advise employees of their minimum entitlements.
• Tried to resign but denied resignation due to contract: In order to prove substantial damages and pursue a wrongful resignation against an employee, an employer has to be able to prove that an employee’s resignation caused significant losses. Employers can only sue for the damages in breach of a contract, such as a resignation with not enough notice.
• The employee quit a job due to harassment: Employees that have resigned from their position due to a poisoned work environment are considered to have been terminated. Employers have an obligation to investigate and resolve claims of harassment in the workplace and a failure to do so can lead to additional damages.
• Employees assume that they were independent contractors: Many individuals are mistakenly classified as independent contractors. Despite what an employer has labelled a worker, only employment laws determine whether or not a member of staff is an employee or independent contractor. Mistakenly classified employees typically do not have much control over their schedule, rate of pay, clients, etc.

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