Employment Law Show: Ontario – S10 E71

Episode Summary

Should you sign a new contract? How long can you be on medical leave? 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 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. 

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Show Notes

• Long service employees offered a new contract to sign:  Before agreeing to sign a new employment contract, employees should contact an employment lawyer. Employment contracts often contain terminology that seeks to limit the entitlements and potential severance an employee is owed upon termination. It is important to note that when a company is sold to a new owner, the previous years of service usually still count towards seniority. Learn more about employee rights when a company is sold in Ontario, Alberta or B.C.
• An employee is headhunted by a new company but is let go soon after: Employees that are recruited by a new employer if let go upon termination, their entitlements must take into account the previous years of service at their old workplace.
• Length of time allowed for medical leave: There are many misconceptions regarding medical leave and the amount of time an employee is permitted to take off. Employees are within their rights to take medical leave for as long as their doctor supports their absence to recuperate. While employers are not obligated to pay employees while on medical leave, they cannot be penalized or terminated due to their leave.
• Medical information employers can ask about: Employers are not permitted to ask employees about their specific diagnosis however they are entitled to ask about an employee’s prognosis as well as possible accommodations required at the workplace.
• Terminating employment for any reason: Employers are permitted to terminate an employee for any reason as long as it is not discriminatory and an adequate amount of severance is offered. Employers are also not permitted to terminate an employee for cause if there was no real justification in order to avoid paying severance.

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.