Employment Law Show: Ontario – S10 E139

Episode Summary

Should you accept false criticisms from your employer? Can you be fired for taking medical leave? Employment Lawyer Jon Pinkus, 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 catch the show on Saturdays and Sundays on 640 Toronto, Newstalk 580 CFRA in Ottawa, and 900 CHML in Hamilton as the hosts take calls from listeners and provide vital answers to employees and employers. 

Listen to the Episode

Show Notes

• New employment contract after years of service: It is important for employees to seek legal advice when given an employment contract midway through employment. It is important to determine the reason for a new contract. Often, a new employment agreement will restrict an employee’s rights and entitlements. Employees do not have to accept and sign a new contract.
• Performance management discipline: In order to terminate an employee for cause and build a case, typically employers will implement a performance improvement plan. Employees do not have to accept inaccurate criticisms and should voice their dissent in writing.
• Away from work due to medical reasons: Employees should know that there is no set time that they are able to be away from work as a result of illness or medical condition. Employees should ensure that they have the support of a treating doctor to confirm they are unable to work. Employers cannot terminate or penalize an employee as a result of an illness or due to a disability.
• Accommodating an employee when returning from leave: Employers cannot refuse to let an employee return from a disability or medical leave. Employers must try an accommodate an employee‘s current medical restrictions or, if there is no job available, try and find a comparable position. Refusing to accommodate an employee or refusing to allow an employee to return to their position is considered a human rights violation.
• Fired despite no errors and mistakes: Employers in most situations are able to let an employee go without cause as long as adequate severance pay is offered. Employees who have not been offered severance pay can pursue wrongful dismissal.

Need an employment lawyer?

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• Severance Pay Calculator: Discover how much severance pay you should get when you lose your job, used successfully by nearly 2 million Canadians. 
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