Employment Law Show: Ontario – S10 E77

Episode Summary

Can you be terminated if working from home and unvaccinated? How is severance calculated? Employment Lawyer Alex Lucifero, a managing 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. 

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Show Notes

• A manager decided not to be vaccinated and lost their job after a recall to the office: Despite the lifting of vaccine mandates by the government across the country and province, employers are continuing to implement their own vaccine policies. For employees that were able to work from home during the pandemic, it is even more unreasonable for their employers to enforce a vaccination policy.
• Performance improvement plan implemented by an employer: Employers are within their rights to place employees on a performance improvement plan however employees should be wary if they have been placed on one. Employees should respond to a plan or performance critique in writing on whether or not they agree with their employer’s perspective and plans. In many cases, a performance improvement plan is used by an employer in terminating employment.
• Calculating Severance pay: In calculating an accurate severance amount, employers should consider the age of an employee, the length of employment, the position of the employee as well as the likelihood of future employment.
• Change in compensation implemented by an employer: Employees do not have to accept a dramatic change in compensation or a reduction in wages. Employers cannot implement a significant change without an employee’s consent and a failure to give at least reasonable notice can lead to constructive dismissal.

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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