Employment Law Show: Ontario – S11 E03

Episode Summary

Can an annual bonus be removed? Can you be fired for cause due to performance? Employment Lawyer Stan Fainzilberg, a 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

• An employee terminated for cause due to performance: Employees that do not feel that performance reviews and criticisms should voice their complaints in writing. Performance improvement plans and reviews often are implemented by employers in order to build a case against an employee. Terminations for cause are very difficult to enforce and employers often wrongfully dismiss their employees.
• Severance clawback while on Employment Insurance: Prior to the pandemic, employees were not able to receive severance pay and employment insurance at the same time. While during the pandemic regulations changed, the current arrangement has reverted back to the pre-pandemic model.
• Annual bonus removed by an employer: Bonuses can be considered a significant part of compensation. Employers do not have the ability to change the terms of employment without an employee’s consent. A major change can be considered the removal of a yearly bonus or performance bonus. A reduction in pay 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. 
• Watch our TV Shows: Get further clarity on your rights by watching episodes of our popular TV show.