Employment Law Show: Ontario – S10 E75

Episode Summary

Can you be let go after medical leave? Are you an independent contractor? 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

• An employee with base salary and commission let go after decades: Employees should be wary of agreeing to sign an employment agreement after years of already being employed. Employment contracts can contain a termination clause that would limit an employee’s severance to their minimum entitlements. Severance pay is calculated based on an employee’s age, length of service as well as position. All components of compensation must be included in a severance package, including commission.
• Put on a performance improvement plan: Employers who place employees on a performance plan are building a case against that employee for an eventual termination for cause. Employees who feel that criticism has been inaccurate should voice their disapproval in writing to their employer.
• Demoted by the employer: Employees do not have to consent to a demotion or a dramatic change in their workload. A major change to the terms of employment can lead to constructive dismissal.
• Failed to resolve claims of sexual harassment: Employees should state their complaints in writing and include all details and send it to the appropriate department or supervisor. Employers are obligated to investigate all claims of harassment at the workplace and a failure to resolve the situation can lead to further damages.
• The employee is laid off after major surgery: Employers have an obligation to provide accommodations for employees with a disability or medical condition. Penalizing or terminating an employee due to an illness or injury is considered a human rights violation.
• The difference between a contractor and an employee: There are certain signposts that signify if an individual is an employee or an independent contractor. Individuals that are misclassified are in business for an employer and not for themselves. Employees take direction from a company and do not have their own tools or set their own compensation.
• Signing a non-compete agreement: Non-competition agreements are generally considered illegal in the province of Ontario unless an employee is an executive. While it is impossible to prevent an employer from terminating an employee, it is important to pursue severance entitlements upon termination.

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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