Employment Law Show: Ontario – S10 E113

Episode Summary

How do you prove termination for cause? Are employees obligated to respond to their employers? Employment Lawyer Alex Lucifero, a managing 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 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. 

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Show Notes

• A sales employee picked on by an employer is fired: Employees are entitled to a harassment-free work environment. Employees facing abuse and bullying should first voice their complaints to the appropriate party internally within their company. Employees cannot be penalized or terminated as a result of filing harassment complaints. A reprisal by an employer can be considered to be a breach of the ESA as well as a human rights violation.
• The employee let go for cause and not offered severance: Many employers mistakenly believe that they are able to terminate an employee for cause due to simple mistakes or errors. It is very difficult to prove termination for cause. In order to prove termination for cause, an employer has to be able to prove disciplinary action was taken prior to termination and that the misconduct exhibited was significant.
• Employee no longer responding to employer after a request for change in schedule: Employers should ensure that all communication with their employees is in writing and make efforts to communicate. Employees should be given a time limit in which to respond by their employer. Employees who still fail to respond to their employers are considered to have resigned from their position.
• Did not receive a record of employment from employer: Generally, the statute of limitations for employment matters is two years after the initial date of termination. Employees that have paid into employment insurance but have not been issued a record of employment should contact Service Canada.

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