Employment Law Show: Ontario – S10 E74

Episode Summary

Does your boss have to give you notice about returning to the office? Can your employer add to your workload? Employment Lawyer Lior Samfiru, co-managing Partner and national practice leader 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

• An employer requesting employees back to the office immediately: While employers are permitted to request employees return to the office if that was the arrangement prior to the pandemic, employers must give their employees reasonable notice. Employees in many cases need to find appropriate childcare and need to be accommodated by their employer.
• The employer adds to an employee’s workload: Employees do not have to accept a major change to the terms of their employment even if their employer is enacting changes in good faith. Substantially increasing the workload of an employee, reducing pay, relocation, etc. can lead to constructive dismissal.
• A company is sold to a new owner and employee severance entitlements: If a new owner of a company is not rehiring all of the previous staff, the previous employer owes all terminated employees severance pay. It is important for employees to remember that if a new owner is willing to continue the employment, they should be clear on all of the terms of employment. Terms of employment that are changed considerably can lead to termination.
• Learn more about employee rights when a company is sold in Ontario, Alberta or B.C.
• Employees put on a performance improvement plan: Employers can put employees on a performance improvement plan if it is done in good faith and it is legitimate. Employees that believe their performance plans or critique are inaccurate should voice their concerns in writing to their employer. Performance improvement plans are often used to build a case for terminating an employee for cause.
• Forced back to work despite doctor’s note: Employers cannot refuse to accept a medical note in support of an employee’s medical condition or need to be on leave due to an illness or injury. An employee’s doctor is the sole individual able to determine when an employee should return to work and the possible accommodations required at work.

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. 
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