Employment Law Show: Ontario – S10 E79

Episode Summary

Are probation periods automatically imposed? Can you refuse to accept a probationary 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

• Why you shouldn’t go to the Ministry of Labour: If you are let go, fired or laid off from your job and want to pursue your full severance rights, you should NOT contact the Ministry of Labour. The Ministry of Labour can only help you obtain your minimum severance amount under the ESA. They cannot help you get a full common law severance package. Once you file a claim with the Ministry of Labour to pursue severance, you waive your ability to retain the legal services of an employment lawyer at Samfiru Tumarkin LLP that can help you get what you deserve.
• Terminated for just cause? Think again: A termination for cause is considered the capital punishment of employment law. It should be reserved for the worst aspects of workplace misconduct – such as dishonesty, insubordination, assault or theft. Often employers will terminate their employees for just cause to get out of paying them severance. Always consult with an employment lawyer because the cause may be illegitimate, in which you are likely owed your full severance.
• Probation periods: Probation is a period of time at the start of the employment relationship for both the employer and the employee to evaluate whether the position is a good match for the employee. Chris discusses the misconceptions surrounding probation periods and when you may be able to refuse to be on one.
• Unpaid leave of absence for not complying with COVID-19 vaccination policy: Chris responds to a call regarding employee rights when they are put on an unpaid leave of absence due to not complying with the COVID-19 vaccination policy in their workplace and the possibility of a constructive dismissal claim.
• Reasonable notice: An employee with 15 years of service is let go without cause and only provided 6 weeks of notice. Chris discusses how to calculate severance pay, and the importance of getting an employment lawyer to review your severance offer, as this employee could be entitled to up to 20 months of pay, not 6 weeks.
• Long-term disability: Chris speaks with a caller who is currently on LTD, and discusses what may happen in terms of severance if this employee is unable to work indefinitely.

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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