Employment Law Show: Ontario – S11 E101

Episode Summary

What are important mistakes employers can make? What does “induced” employment mean? 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 at 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

• Employee let go due to AI: Employers are within their rights to terminate employees for any reason, as long as it is not discriminatory. This can include terminations as a result of Artificial Intelligence. Employees terminated due to AI would still be entitled to their full severance entitlements. Before accepting a severance offer, employees should seek legal advice from an employment lawyer.
• Placed on an unrealistic performance plan: Employers typically place employees on a performance improvement plan in order to build a case for a termination for cause. Employees who disagree with the terms in a performance plan should voice their dissent in writing to their employer. A failure to raise an objection to a plan can be considered acceptance.
• Bare minimum severance entitlements: Employers often mistakenly offer employees their minimum severance entitlements. Full severance entitlements are based on an employee’s age, position, and years of service. The Ministry of Labour can only provide information to former employees about their minimum entitlements. Employees should speak to an employment lawyer before agreeing to a severance offer.
• Induced employment: Induced employment occurs when an employer takes steps to entice an employee to leave their current workplace and join theirs. Inducement can be an exciting prospect for employees, but there are elements employees should be aware of.

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