Employment Law Show: Ontario – S11 E18

Episode Summary

Does an employee have to accept a change to their schedule? Employment Lawyer Lior Samfiru, co-managing Partner and national practice leader 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, Sundays at 1 p.m. ET, on Newstalk 1010 in Toronto, as the hosts take calls from listeners and provide vital answers to employees and employers.

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Show Notes

• Mass tech and corporate layoffs: Employees that have been let go as part of a mass layoff are still owed severance entitlements. Employers still owe employees adequate severance pay despite financial difficulties. Employees are owed severance pay based on their age, position and years of service. Factors such as the economy and the possibility of future employment can also impact a severance package.
• A major change in shift schedule: Employers do not have the ability to impose major changes to the terms of employment without an employee’s consent. A significant change can be considered a demotion, a major reduction in pay, a schedule change, etc. Employees are within their rights to refuse a proposed change and should seek legal advice from an employment lawyer.
• Offered a contract position within a company: Employees should ensure that an agreement outlines their new role and contract position for a temporary period of time. Employees should ensure there is written documentation in place that ensures that there is a job to return to from their new contract role. Employees have a right to refuse a role that does not provide job security.
• A non-competition clause in the contract: A non-compete clause can potentially increase the amount of severance an employee is owed upon termination. A non-competition clause could make finding new employment difficult for an employee. In many cases, a non-compete clause could also not be enforceable.

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. 
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