Employment Law Show: Ontario – S10 E157

Episode Summary

What are employee rights if their employer is retiring or shutting down the business? Employment Lawyer Stan Fainzilberg, Partner 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 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

• Recording a conversation at work: Employees are permitted to record a conversation at work while they are at the workplace if they are a part of the conversation. A recent case determined that an employee that had recorded conversations for years within the workplace was rightfully terminated for cause. Employees often record communications to prove harassment and discrimination in the workplace in Ontario.
• Employee severance if a company shuts down: Employers are permitted to terminate employees if they are retiring or selling their business however, employees would be owed full severance entitlements in this situation. If an employee continues to work with the new owner of a company after the sale of the business, their previous years of service must be acknowledged.
• COVID-19 testing or vaccination: Many employers that continue to implement vaccine policies in the workplace must consider the context of their policies. Employers should be aware that most workplaces did not have a government mandate requiring employees to be vaccinated. Employers could face further legal consequences if they have terminated employees as a result of vaccination status.
• Overtime pay for salary employees: Many salaried employees mistakenly believe that they are not owed overtime pay. Employees that are hourly and salaried are still owed overtime pay if they have worked over 44 hours a week and are not a manager or work in IT.

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 episodes of our popular TV show.