Employment Law Show: Ontario – S10 E76

Episode Summary

What must an employer accommodate? Can you resign during a working notice period? Employment Lawyer Chris Justice, Associate 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. 

Listen to the Episode

Show Notes

• Employers providing accommodations to employees:  Employees that are unsure of what they might need from their employers and if their needs are considered a preference rather than a request related to human rights can seek out legal counsel from an employment lawyer. Employers cannot refuse to accommodate employees with medical conditions that have the support of their doctors.
• Main factors in determining severance: There are several factors that determine the amount of severance an employee is entitled to. The main factors are the age of an employee, the length of employment, the position and the difficulty in finding future employment.
• Federal and federally regulated employees: It is important to note that employees that worked in many federally regulated sectors were not subject to a government mandate regarding vaccination. Federally regulated employees placed on unpaid leave as a result of their vaccination status are able to pursue their severance and can contact an employment lawyer.
• Severance if an employee finds a job: Ultimately it will depend on the deal struck between an employer and employee. Employers that are worried that an employee will likely find a new job quickly, have the option to structure a severance payout on a salary continuance basis.
• Letting an employee go for cause due to performance issues: It is very difficult for employers to be able to prove termination for cause. In many cases, a termination for cause is inaccurate and employees are still owed severance pay. Employers have to be able to prove an employee has exhibited serious misconduct as well as showed there has been progressive disciplinary action.
• Given working notice by an employer: Employers are within their rights to offer working notice of termination. Working notice lessens the amount of severance potentially owed at the end of employment. It is important for employees to continue working throughout the period as a resignation does not entitle an employee to 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.