Employment Law Show: Ontario – S11 E74

Episode Summary

How is overtime pay calculated? How should employees respond to a performance plan? Employment Lawyer Alex Lucifero, a Managing Partner at Samfiru Tumarkin LLP, answers these 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 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

• Account executive put on performance plan: A performance improvement plan outlines concerns that an employer has with an employee’s performance. A performance plan is typically a step towards termination and is considered disciplinary. Employees should continue to follow instructions but also make known in writing if they do not agree with negative criticism.
• Seasonal employee and overtime: Ultimately a company does not dictate employment law and cannot label an employee as they wish. Employees that work throughout the year cannot be considered seasonal. Employers must be given overtime pay by their employers if they have worked above a certain threshold. Some professions could have different regulations regarding overtime pay.
• An employee transferred to a new location: Employers do not have the ability to impose major changes, like a significant relocation, without the consent of an employee. An employee can choose to accept a change, but they do not have to. A change made without an employee’s consent can lead to constructive dismissal.

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