Employment Law Show: Ontario – S10 E91

Episode Summary

Are part-time employees owed severance? How should claimants pursuing LTD protect their rights? 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 on Mondays to Thursdays at 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

• Age discrimination in the workplace: Alex opens the show discussing a case in which an employee was informed they were being let go due to their age, so their employer could replace them with someone younger. This is agism, resulting in full severance pay for the employee, along with additional human rights damages.
• Employee removed from work schedule: A caller asks Alex what options they have if their employer has fully removed them from the work schedule. Alex advises the employee not to resign, and discusses the potential of pursuing a constructive dismissal claim to get severance.
• Recording conversations at work: Alex discusses the legalities when it comes to recording conversations in Ontario workplaces. As long as you are part of the conversation, it is within your legal rights to record. If the conversation does not involve you, however, it is illegal to record, and you may find yourself in big trouble.
•  What do you need to go on medical leave?: Alex informs listeners that the only thing an employer requires for a worker to go on a medical leave is a doctors note. The note can be brief, and does not need to provide an exact timeline on when the person will be ready to return. Employers are obligated to respect the length of the medical leave as long as it is supported by a doctor.
• Can you be fired while on a medical leave?: Alex discusses when it is possible for your employer to terminate your employment if you are on leave. In this situation, the termination must be unrelated to your medical leave, you are terminated for reasons which sufficiently establish just cause, or your employment contract has been frustrated.
• LTD vs. Medical Leave: Tune in to discover the difference between long-term disability benefits and medical leave, and who may be eligible for each type of leave.
• Can your employer ask for a second doctors opinion?: In most situations, an employer is not allowed to make their employee get a second opinion from a different doctor, although there are some rare instances that they can. Tune in to learn more!
• Non-competition clause: Alex wraps up the show by discussing non-competition clauses in employment agreements. Always have your contract reviewed by an employment lawyer, as these type of clauses are often unenforceable, leading to a favourable outcome for the employee.

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.