Employment Law Show: Ontario – S11 E41

Episode Summary

Can you be penalized for taking parental leave? Employment Lawyer Mackenzie Irwin, 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. 

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Show Notes

• Silicon Valley Bank bailout and employer repercussions: Employees are within their rights to pursue severance entitlements if their employers have withheld their pay. Employees in Ontario are obligated to set up a payment schedule and abide by it. Failing to comply with the pay cycle is a breach of the ESA and a constructive dismissal.
• Penalized for taking parental leave: Employers cannot penalize or terminate an employee as a result of taking maternity or parental leave. Employers that do terminate employees as a result of leave or pregnancy could face human rights damages. Employees must be able to return to the same position they had prior to their leave.
• Terminated before annual bonus payment: Severance pay must encompass all elements of compensation, including car allowances, bonuses, etc. Many employers terminate employees before a bonus payment is due on the incorrect assumption that a bonus will no longer have to be paid. Employees unsure of their rights and entitlements should speak to an employment lawyer after 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.