Employment Law Show: Ontario – S10 E61

Episode Summary

Are you a contractor or an employee? Do you have to accept a temporary layoff? Employment Lawyer Chris Justice, Associate 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

• Netflix lays off hundreds of employees: Netflix reports the round of layoffs is a result of a drop in subscriptions. It is important for employees to realize however that a company’s financial situation and profits do not affect whether or not they are entitled to severance upon termination. Employees based in Canada are subject to Canadian employment laws and employee rights even if the company they work for is American.
• Employee rights vs. independent contractor rights: It is important for individuals not to be fixated on the label of their position as employers often inaccurately label an individual as a contractor instead of an employee. Employees are entitled to basic rights such as severance upon termination, vacation and sick pay, overtime pay, etc. By incorrectly labelling an employee as a contractor, they lose out on important rights and benefits.
  
• Given initial working notice but reduced by the employer due to financial difficulties:  Employees are owed their full severance entitlements based on several factors including the age of an employee, the length of employment and their position. In many cases, employers give their employees a working notice and at the end of the period give the balance of compensation. Working notice can be reduced if adequate severance is paid out.
• Temporarily laid off but not given return to work date: Employees do not have to accept temporary layoff despite the pandemic and can treat the layoff as a termination.  Employees should note that if recalled to work their employer is not permitted to change fundamental terms of their position, such as dramatic schedule changes or a reduction in pay.

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 our popular TV show episodes.