Employment Law Show: Ontario – S11 E55

Episode Summary

Can you be forced to take unpaid days off? 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 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

• Employer refuses to accept doctor’s note: Employees with the support of their doctor can take as much leave as necessary to recover. Employers cannot refuse to acknowledge a doctor’s note or accommodate an employee’s medical condition. Employers can request clarification or a prognosis but are not permitted to know private medical information.
• Told to take unpaid days off by employer: Employers do not have the ability to impose major changes to the terms of employment without an employee’s consent. A major change can be considered a reduction in wages or hours. Employees that initially accept a change should document in writing that the change will be temporary. Imposed major changes to the terms of employment can be considered constructive dismissal.
• Given a negative performance review: Performance reviews and improvement plans can be implemented to build a case against an employee. Employees that feel criticisms have not been accurate should voice their disapproval in writing. It is very difficult to terminate an employee for cause based solely on performance issues.

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