Employment Law Show: Ontario – S10 E59

Episode Summary

What is termination for cause? Should you agree to a layoff? 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 hear the show live, Mondays to Thursdays, on 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

• An employee with a mental health condition is terminated for cause after an incident: It is important to remember that it is very difficult to prove terminations for cause simply due to one incident of bad behaviour of an employee. Employees with medical conditions should provide their employers with doctor’s notes regarding possible accommodations and potential leave. Employers who wrongfully dismiss employees with a condition could owe additional damages as well as severance.
• Terminations for cause: In order to adequately prove termination for cause, employers have to be able to prove that the conduct of an employee is serious enough that no other alternatives are possible. Employers also have to be able to show that disciplinary action and escalating measures have been implemented as employees who have been terminated with cause are not entitled to severance pay.
  
• Placed on a temporary layoff with no return date: Employers do not have the right to place employees on a temporary layoff and employees can choose to treat the layoff as termination and pursue their severance.

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