Employment Law Show: Ontario – S10 E150

Episode Summary

Can you be forced to accept a demotion? What is a toxic workplace? 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

• The employer offered employee demotion or resignation: Employers do not have the ability to demote an employee without their consent as it is considered a major change to the terms of employment. Employees who refuse a major change, such as a demotion, to the terms of their job are not considered to have resigned. A significant change such as a change in schedule, reduction in wages, etc., are considered constructive dismissal.
• Two weeks per year of service severance pay: Many employers and employees believe that two weeks per year of service is considered adequate severance pay. This is a false though common misconception. Severance pay is based on a number of factors including the age of an employee, length of service as well as position.
• Returning from a stress leave: Employees are entitled to a safe and harassment-free work environment. Employees who can no longer work due to bullying and a toxic workplace can choose to leave their employment but it is not considered a resignation. Employees experiencing harassment should ensure all complaints are reported and documented. Employers have an obligation to investigate and resolve all complaints.
• Exhausted sick days and no more time off: Employers cannot ban or restrict the amount of sick leave an employee takes. Employees are able to take a sick leave with the support of their doctor and cannot be penalized or terminated for being ill. Employers that terminate an employee due to illness or a medical condition is considered a human rights violation.

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. 
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