Employment Law Show: Ontario – S10 E73

Episode Summary

Can you be forced to resign? Should you complain to the Ministry of Labour about severance? An Ontario employment lawyer 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

• Metrolinx employees filed wrongful dismissal claims: Employees at Metrolinx who were not vaccinated were placed on unpaid leave and are now filing wrongful dismissal claims against their employer. Employees who worked in sectors without a government mandate can treat their layoffs or unpaid leaves as terminations and pursue severance pay despite what their employers are claiming. Learn about severance pay for Metrolinx employees.
• Forced resignations: A true resignation occurs when an employee voluntarily quits their place of employment. Employees who have truly resigned are not entitled to severance pay. Employees who have felt pressured or were forced to resign have effectively been terminated by their employer.
• Employee resigns due to harassment or toxic workplace: Employees who are facing abuse and harassment at the workplace should first document all incidents at the workplace and report all claims to the appropriate party. Employers who fail to resolve claims of harassment at the workplace and push employees to resign have terminated an employee’s position. Employees in this situation can treat this as constructive dismissal.
• Filing a complaint with the Ministry of Labour: Many employees mistakenly file a complaint with the Ministry of Labour after termination and to pursue severance. The Ministry of Labour can only advise employees on their minimum entitlements and not their full severance pay.
• Signing termination papers immediately: Employees should never agree to an initial termination package offered by their employer. Employers will often pressure employees to agree to a severance offer but employees have up to 2 years after the date of termination to pursue severance pay. Employees should seek legal advice before agreeing to sign severance papers.

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.