Employment Law Show: Ontario – S11 E58

Episode Summary

Can you be forced to sign a new contract? 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, Sundays at 1 p.m. ET, on Newstalk 1010 in Toronto, as the hosts take calls from listeners and provide vital answers to employees and employers.

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Show Notes

• Employer instructs an employee not to notify WSIB: Employees that have been injured at the workplace must report the injury. Employers are legally obligated to inform WSIB if an injury occurs at the workplace. While employers do not want their WSIB premiums to be affected, they cannot shy away from their legal obligations. Employers cannot penalize an employee for filing a claim with WSIB.
• Asked to sign a new agreement: Employees should be wary of signing a new employment contract, particularly after years of employment. An employment contract can limit an employee’s future entitlements or restrict their current employment rights. Employees do not have to accept a new contract and should seek legal advice from an employment lawyer if pressured to do so.
• Complete severance packages after termination: Long-service employees could be owed up to 24 months in severance entitlements. Severance pay must take into consideration all elements of compensation, such as commissions, bonuses, etc. Initial severance packages are often inadequate and employees should seek legal advice before agreeing to an offer.
• An employer refusing to accommodate an employee: Employers must accommodate an employee‘s medical condition if they have the support of a treating doctor. An employer must be willing to accommodate restrictions up until the point of undue hardship.  A refusal to accommodate an employee’s medical condition or disability can be considered a human rights violation.

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