Employment Law Show: Ontario – S10 E143

Episode Summary

Can you be fired for cause for bad behaviour on a company device? Employment Lawyer Lior Samfiru, co-managing Partner and national practice leader at Samfiru Tumarkin LLP, answers this question 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

• Let go for cause after behaviour on company device: It is very difficult to terminate an employee for cause. Termination for cause has to occur if there are no alternative measures of discipline and an employee has exhibited serious misconduct. Employees who have been terminated for cause may still be owed severance pay and should speak to an employment lawyer as soon as possible.
• Put on an unpaid leave of absence by an employer: An unpaid leave of absence in most cases is considered to be a termination. Generally, an employer cannot put an employee on leave and refuse to compensate the employee. Employees do not have to accept unpaid leave and can decide to pursue their severance pay.
• Place an employee on another probation period: Employers can only put an employee on probation at the start of employment. Probation periods are not automatic and an employee must consent to probation, typically in an employment contract. Extended probation periods are effectively meaningless.

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