Employment Law Show: Ontario – S11 E19
Episode Summary
Can your payment structure be fundamentally changed? 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.
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Show Notes
- Employee sales rep payment structure changed: Employers do not have the ability to legally change the fundamental terms of employment without an employee’s consent. A major change of employment can be considered a demotion, significant pay reduction, etc. Employees can treat the change as a constructive dismissal. Employees do not have to accept a proposed change and should seek legal advice.
- Misclassified as an independent contractor: Employers often misclassify their employees as independent contractors in order to cut costs. Ultimately, employment law determines whether or not an individual is an employee or an independent contractor. A misclassification can lead to a loss of vital rights for individuals, such as vacation pay, overtime pay, severance pay, etc.
- Terminated before an annual bonus: Employers typically let employees go before a bonus payment is due in order to save money. Employment law dictates that severance upon termination must include all components of an employee’s compensation, including a bonus payment.
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