Employment Law Show: Ontario – S11 E38

Episode Summary

Can your employer let you go before your notice period ends? 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. 

Listen to the Episode

Show Notes

• Medical leave and employee rights: Employees are within their rights to take a leave of absence due to illness or injury if they have the support of a doctor. Employers cannot legally penalize or terminate an employee due to illness. Medical conditions, both physical and psychological, must be accommodated by employers. A failure to accommodate can be considered a human rights violation.
• Forced resignation or retirement: Employees cannot be pushed to retire or resign by their employers. Forced retirement can be considered age discrimination and employers would not only have to pay severance but possibly face human rights violations.  While employers are within their rights to let an employee go before their notice period ends, the employee would likely be owed compensation for the balance of that notice period.
• Company closes down and employee entitlements: Employees are still owed severance pay if the company they are employed for shuts down. It is important for employees who have been let go in a business closure to seek legal advice to determine their next steps. A bankruptcy declaration, however, often means employees will likely see very little if any, compensation upon termination.
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• Terminating an employee for insubordination: Employers are within their rights to terminate an employee for any reason, as long as adequate severance pay is paid. It is more difficult to terminate an employee for cause as an employer has to build a case against an employee. Employees must exhibit serious misconduct, or have had numerous disciplinary actions taken against them, in order to justify a “for cause” termination.

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.