Employment Law Show: Ontario – S11 E98

Episode Summary

What can employees do if facing negative performance reviews? 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.

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Show Notes

• Signing multiple employment contracts: Many employers and employees mistakenly believe that there is no limit to numerous fixed-term contracts. Employers do have an obligation to provide severance and notice to individuals who have been on “contract” for many years. Individuals that have signed successive contracts yearly are considered to be indefinite employees.
• The employee believes performance review is not justified: Employees who do not agree with negative criticism or disciplinary measures should respond to their employers honestly and do so in writing. Employees that do not voice their dissent are considered to have accepted the corrective action. A written record is vital for employees to pursue their rights after a possible termination.
• Medical leave due to difficult work environment: Employees are within their rights to take a medical leave of absence, despite a possible performance improvement plan. Employees should listen to the advice of their treating medical professional for the next steps and provide their employers with a doctor’s note. A medical leave of absence ultimately will not resolve a toxic work environment.

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