Employment Law Show: Ontario – S11 E61

Episode Summary

Can you be let go from employment due to an injury? Employment Lawyer Alex Lucifero, a Managing 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 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

• Manager demoted due to restructuring: Employees are not obligated to accept a major change to the terms of their position, such as a demotion, reduced pay, etc. A significant change imposed by an employer can lead to constructive dismissal. Employees would be owed severance pay as a constructive dismissal is considered a breach of contract.
• Injured while employed and let go: Despite the seasonal nature of some employee positions, once terminated an employee is owed severance pay. Severance pay will be based on age, years of service and the position. Employers must provide notice and severance pay to every terminated employee. Employees that have a medical condition or injury cannot be penalized or terminated. Employers that terminate an employee as a result of illness or injury could face additional human rights damages.
• Terminated without cause: Many people mistakenly believe an employer cannot terminate an employee without a reason. Employers are within their rights to terminate an employee without cause for any reason, as long as adequate severance pay is offered. A wrongful dismissal occurs if an employee has not been offered a proper severance package upon 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. 
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