Employment Law Show: Ontario – S11 E80

Episode Summary

Is your employer obligated to fulfill a promise of promotion? 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

• Temporary layoffs in small businesses: Employers do not have the ability to place employees on a temporary layoff, despite their financial circumstances or the size of the company. Employees can choose to treat their layoff as a termination of employment and pursue their severance entitlements. Employees do not have to wait a certain period of time to seek the compensation that is owed to them.
• Promised promotion but didn’t deliver: Employers are not legally permitted to promote an employee. Employers are within their rights to terminate an employee without a reason, as long as adequate severance pay is offered. Employers cannot withhold pay from employees or make major changes to an employee’s position without their consent.
• Shopify class action lawsuit: Shopify is facing a class action lawsuit after its latest round of layoffs. Shopify initially appeared to offer adequate severance pay. Many former employees upon accepting their severance packages, were told they were owed far less. For some employees, the difference in severance packages was significant.
• Refusing to return to the office: Employers can and are legally able to request employees return to the office. Employees should look closely at the terms of their position prior to the pandemic. Employees that refuse to return to the office if requested could be considered to have abandoned their jobs. Employees should voice their concerns to their employer and determine whether or not a compromise or hybrid arrangement is possible.

Need an employment lawyer?

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