Employment Law Show: Ontario – S11 E13

Episode Summary

Can you be let go from your job after returning from medical leave? Employment Lawyer Alex Lucifero, a managing 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 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

• Fired returning from medical leave: Employers cannot terminate or penalize employees as a result of an illness, injury, or taking a medical leave of absence. Termination as a result of leave can be considered a human rights violation. Employees who have been terminated will be owed severance pay along with possible damages.
• Calculation of severance upon termination: Many employees are unaware of their rights to severance pay and how entitlements are calculated. Severance pay is based on a number of factors including the age of an employee, their position and years of service.
• Employer claws back commission payments: Employees should look closely at the terms of their employment contract to determine their payment structure. Employers do not have the ability to impose major changes to the terms of employment without an employee’s consent. A major change, like a dramatic reduction in pay, can be treated as a 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.