Employment Law Show: Ontario – S10 E63

Episode Summary

What are some employment law red flags? Can you be dismissed due to a disability? 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

• Terminated without cause after thirty years and signing an agreement: In many cases despite signing an agreement with a termination clause, the clause itself is not enforceable. Before agreeing to an initial severance offer and before signing an employment contract, employees should speak to an employment lawyer. Employees who do not seek legal advice could be forgoing their rights.
• Employment Law Red Flags: Employees need to be wary and watch out for certain elements and incidents that occur in the workplace that indicate their job is at risk or that their rights have been restricted. In some cases, employers change fundamental terms to their position or place them on a performance improvement plan. Employees should also be wary if their employers do not properly investigate claims of workplace harassment and resolve the situation.
  
• Dismissed from a position due to a refusal to accommodate a disability: Severance entitlements are typically based on the age of an employee, the position and the length of service. Employees who are dismissed as a result of a medical condition or disability however could be owed additional damages as it is considered a human rights violation.
• Calculating Overtime Pay: Not every employee is entitled to overtime pay, as some IT professionals and managers are not. The typical threshold for most employees is 44 hours a week, and anything above that is considered overtime. Employees who feel they have not been paid adequately can seek help from the Ministry of Labour.
• The differences between an employee and an independent contractor: Many employees are incorrectly classified as independent contractors and in so doing miss out on key rights that employees are entitled to, such as vacation pay, sick days, severance and more. True independent contracts largely work for themselves, most have their own equipment and are not dependent on an employer.

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.