Employment Law Show: Ontario – S10 E95

Episode Summary

Can you be placed on another layoff after IDEL ends? Do you have to sign a new contract? Employment Lawyer Jon Pinkus, 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 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. 

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Show Notes

• Temporary layoffs and the end of IDEL: The Infectious Disease Emergency Leave has expired in Ontario. Those who were placed on leave due to the pandemic should be looking to be recalled to work. Employees who were not called back to work should speak to an employment lawyer as soon as possible as their employers have violated the Employment Standards Act.  Employees do not have to accept the layoff they have been placed on and instead can pursue their severance pay.
• Asked to sign a new employment contract: Jon delves into the importance of employees seeking legal counsel after they have been asked to sign a new employment contract; particularly if they have already been employed for many years. Employees do not have to sign a new agreement. Employees who have been penalized for refusing to agree to a new agreement must be owed their original entitlements.
• Recorded communication at the workplace: Employees are legally able to record a conversation as long as they are a participant in the conversation. Employees often need documented proof to report and provide evidence for harassment or abuse in the workplace.
• Continue working after a negative change to a job has been made: Employees who continue to work despite a major negative change that has been made by the employer should be wary as the employer can argue the change has been accepted. Employees do not have to accept a fundamental change to their employment. Employees that have concerns about a proposed change should communicate in writing that they will only accept a change temporarily.
• Overtime pay for salaried employees: It is a major misconception that salaried employees do not receive overtime pay. Just like an hourly employee, salaried employees are able to claim overtime pay if they have worked over 44 hours a week. Salaried employees calculate their overtime pay by converting their salary into 44 hours a week and looking at the number of extra hours worked.

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.