Employment Law Show: Ontario – S10 E89

Episode Summary

Employment Lawyer Chris Justice, Associate at Samfiru Tumarkin LLP, discusses being let go from a job without realizing it, and more on this episode of 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:

• Can your employer force you to return to the office after working remotely?: Chris opens the show with the ‘hot topic’ of returning to the workplace after COVID, and explains that employers do have the right to ask you to return to the office. If you have a medical condition or childcare obligations that prevent you from returning to the office, your employer has a duty to accommodate.
• What to do if temporarily laid off?: If you are put on a temporary lay-off, you have two options. Although not guaranteed, you can wait to be called back to work, or you can treat the layoff as a termination and pursue severance.
• Changes to your employment: If your employer has made changes to your employment, whether it be your duties, hours, or wages, do not wait around. If you wait too long to raise concerns, it acts as your acceptance to the changes. You may lose your ability to make a constructive dismissal claim and pursue severance.
• Unpaid suspension: An unpaid suspension is a form of discipline employers may choose to use. Chris explains that an unpaid suspension is not legal and employees do not have to accept it. Rather, they may be able to pursue a constructive dismissal claim, but they must act fast!
• Age requirements in different industries: Chris responds to a caller and discusses different age requirements in order to work in various employment industries.
• Company sold: After a business is sold, Chris discusses whether the buyer or the seller is obligated to pay employees severance in different situations.
• Toxic work environments: Chris advises employees on how to handle toxic work environments. He emphasizes the importance of raising concerns with your employer first, along with keeping a paper trail to strengthen your case.
• Frustration of contract: Chris explains that employers are legally allowed to frustrate an employees contract while they are off on a disability leave, but they must pay the employee a fair severance package.

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.