Employment Law Show: Ontario – S10 E134

Episode Summary

Are employees in construction owed severance? Can you be forced to take disability leave? 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

• Severance for employees in construction: It is an incorrect assumption that employees who work in construction are not owed severance pay in the event of termination. Severance for construction employees is calculated in the exact same manner as for employees in other fields of work. Severance will be based on the years of service, age of the employee, and position.
• An employee with a disability threatened and intimidated: All employees are entitled to a harassment-free and safe work environment. Employees with a disability or medical condition are also entitled to accommodations from their employer and cannot be penalized for their condition. In order to pursue constructive dismissal, employees in this situation would have to prove incidents of abuse or bullying. It is important to document all incidents in writing or with recorded evidence.
• Placed on an unpaid leave of absence and told to apply for short-term disability: Employers have a strict duty to accommodate an employee with a medical condition that has been confirmed by a doctor. Employers have to find a way to accommodate an employee and cannot decide when an employee should take a disability or leave; it is considered a human rights violation.
• Fired from job despite seniority: Ultimately, despite the supposed ‘unfair’ quality to termination, employers do not have to account for seniority when deciding to terminate employees. Employers are within their rights to terminate employees for any reason, as long as it is not discriminatory, and adequate severance is offered.
• Quit job due to a refusal of overtime payments: Employers are obligated to pay employees in terms of overtime pay, as well as vacation pay, bonuses, etc. Employees are within their rights to complain to the Ministry of Labour if they have not been given their wages. Employees that have resigned due to unpaid wages have also been effectively constructively dismissed and could be owed additional severance pay.

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 our popular TV show episodes.