Employment Law Show: Ontario – S11 E60

Episode Summary

Can you refuse a temporary layoff? What are employees owed after a business sells? Employment Lawyer Stan Fainzilberg, Partner at Samfiru Tumarkin LLP, answers those questions 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 at 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

• Discoveries and examinations process: Many individuals are unaware of the steps and procedures involved in the legal process. For defendants who refuse to attend an examination, Ontario courts can take exception and hold an individual in contempt of court. Individuals can face additional consequences, such as a possible fine or imprisonment.
• Refusing to accept a temporary layoff: Employees do not have to accept a temporary layoff imposed by their employer. Employers do not have the ability to place employees on a temporary layoff unless an employee has previously agreed to it. A layoff can be considered a termination, and employees can pursue their severance entitlements.
• Not hired on by the company’s purchaser: In the event of the sale of a business, employees not hired on by the new owner are still owed severance pay. The previous owner and employer would owe their former employees severance based on their years of service, age and position. Employees that continue to work for a new owner must be given their previous position without significant changes.
• Terminated while on disability leave: Employees that have been terminated as a result of their disability could pursue human rights damages as the termination would be considered discriminatory. Employees that are let go while on disability leave for reasons unrelated to their condition are still owed severance.

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