Employment Law Show: Ontario – S11 E11

Episode Summary

Is it difficult for employers to prove termination “for cause”? Employment Lawyer Jon Pinkus, Partner at Samfiru Tumarkin LLP answers this question 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

• Classified as an independent contractor but with a pay increase: Despite the classification of an employer, ultimately employment laws determine whether or not an individual is an employee or an independent contractor. An incorrect classification can lead to a loss of important rights for employees, particularly if an employee is terminated.
• Establishing a termination “for cause”: It is very difficult to accurately terminate an employee for cause. Terminations for cause should only occur in the event an employee has exhibited serious misconduct, such as fraud or theft, and there are no alternatives. Employers have to prove that prior to termination, adequate disciplinary measures have been taken.
• Dramatic reduction in hours: Employers do not have the ability to enact major changes to the terms of employment without an employee’s consent. A major change can include relocation, demotion, major pay reduction, etc. Employees can treat this change as constructive dismissal and should speak to an employment lawyer.
• Placed on a temporary layoff: Employers do not have the ability to place an employee on a temporary layoff if they have not previously consented to it. A layoff can be treated as a termination of employment. Employees are within their rights to pursue their severance entitlements if they have been laid off temporarily.

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