Employment Law Show: Ontario – S10 E62

Episode Summary

What are employee rights regarding medical leave? How is working notice calculated? Employment Lawyer Alex Lucifero, a managing 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

• Given working notice of termination: Employers are within their rights to offer working notice to employees. It is important, however, that working notice amounts to the adequate amount of severance an employee would be entitled to. Severance is based on numerous factors including the age of an employee, length of employment as well as the position.
• Severance for management positions: Severance is calculated and given in order to compensate employees while they are currently looking for new employment. As a result, employees in executive positions who are terminated would arguably be given a higher amount of severance as it will be difficult for them to find a comparable position.
• Returning to work from a medical leave: Employees who have the support of their doctors cannot be questioned by their employer as to why they have not returned to work from medical leave as well as if certain accommodations are necessary. Employees can return to work with possible restrictions and an employer has to respect and implement accommodations.
• Union employees and human rights complaints: While in most cases, unionized employees have to speak to their union representation for legal matters, the exception is for human rights complaints. Unionized employees are able to file their own claims at a human rights tribunal. It is important for unionized employees to be aware of potential pitfalls with filing a human rights complaint.
• Terminated due to drug or alcohol addiction: Employees who have substance abuse issues are awarded certain rights and protections as in Ontario, addiction is considered a disability. Employers cannot terminate employees based on a disability or illness and must provide certain accommodations to employees in order to pursue treatment.

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.