Employment Law Show: Ontario – S10 E110

Episode Summary

Can you be fired due to taking sick leave? Do you have to accept a new role at work? 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

• Diagnosed with cancer and had to be off work due to treatment: Employees that are on medical leave should ensure that their employers are aware of the situation and are kept informed of their prognosis and possible accommodations. Employers cannot penalize or terminate an employee for taking medical leave or due to an illness. Employers that penalize or terminate employees due to an illness are violating human rights and can face additional damages along with wrongful dismissal.
• Put on a layoff due to COVID-19 and never recalled by an employer: Employers do not have the ability to place employees on a temporary layoff unless they consented to layoffs at the start of employment. Despite the pandemic, employees who were placed on a layoff can consider their employment terminated and pursue severance pay.
• Offered promotion by the employer or told to resign if the new position is not accepted: Employees do not have to accept major changes to terms of employment. A refusal to accept a new role cannot be considered a resignation if they wish to continue working in their own position. Employers who deny an employee’s refusal are effectively terminating employment and owe their employees severance.
• Determining if an employee is an independent contractor: Employers and employees do not determine whether or not a worker is an independent contractor or an employee; employment law does. Employment laws protect employees and their rights to sick pay, vacation, severance pay, etc. There are serious consequences for employers who misclassify their employees as independent contractors.

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.