Employment Law Show: Ontario – S11 E26

Episode Summary

Is it beneficial for employees to be on a fixed-term contract? Employment Lawyer Chris Justice, an Associate 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

• Definition of career cushioning: The term “career cushioning” applies to employees who are actively looking for another position while employed. This trend aims to soften the blow for employees if they are eventually terminated. There have been many mass layoffs in recent months and many employees are facing uncertainty regarding job security. Employers cannot impose changes to the terms of employment if they discover employees are looking for another job on their own time.
• Fixed term vs. indefinite contract: A fixed term contract ensures an employee is committed to working for a specific period of time. Employers often choose fixed-term contracts if they have particular jobs with end dates, or in some cases, avoid severance entitlements and payments.
• Placed on a temporary layoff: Employers do not have the right to place employees on a temporary layoff. A temporary layoff can be treated as a termination of employment and employees can pursue their severance pay. Employees should be wary of accepting an initial layoff from their employer. By agreeing to a temporary layoff once, it gives an employer permission to implement another layoff in the future.

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