COVID-19: Call an Employment Lawyer | Employment Law Show TV – S4 E21

Episode Summary

WHEN TO CALL AN EMPLOYMENT LAWYER DURING COVID-19, changes to your job, disability claims, and more on Season 4 Episode 21 of the Employment Law Show with employment lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP.

Watch above to discover your workplace rights and learn everything you need to know about employment law in Ontario, British Columbia, and Alberta, on the only employment law show on both TV and radio in Canada. **Aired April 11, 2020**

Episode Notes

Canada Emergency Response Benefit (CERB)

What is CERB, and how do I qualify?

The Canada Emergency Response Benefit is a new benefit that is available for people who have lost their job due to COVID-19. It provides $2,000 a month for up to 16 weeks.  Find out if you qualify for the CERB.

Segment starts at 2:30

CALL: Temporary layoff and EI

I have just been told that I am being put on a temporary layoff. I don’t know what that means since I’ve never been laid off before. My employer is giving me my papers so I can apply for EI. I am a fleet manager and have worked there for 13 years.

A temporary layoff in most cases is not legal, and it gives the employee the right to treat it as a termination. You also have a choice as to whether you stay on the layoff and wait to be recalled. Learn more about temporary layoffs and severance pay.

Segment starts at 5:31

When to Call an Employment Lawyer During COVID-19

1️⃣ Your employer refuses to take you back to work from a medical leave of absence

If you are off on a medical leave of absence, and you’re able to come back to work and there is work available, your employer has to bring you back to work. If there is no work available, you are still owed severance.

Segment starts at 10:00

2️⃣ Your employer won’t let you work from home during COVID-19 pandemic

Employers should allow employees to work from home during the pandemic, especially because it’s the safest way to allow work to be done.

Segment starts at 10:48

3️⃣ Your hours of work or level of compensation have been cut

If your employer reduces your hours or pay, you may have the right to treat that as a constructive dismissal.

Segment starts at 11:15

4️⃣ You have been placed on a temporary layoff

Businesses that aren’t required to shut down, but your employer decides to lay you off temporarily, you can treat that as a termination and get your severance.

Segment starts at 12:56

5️⃣ You have been terminated from your job

If you lost your job, you are entitled to severance.

Segment starts at 14:03

CALL: Record of Employment for ‘Contract’ Worker

I’m self-employed. I have been working for many years for a client that represents 70% of my business income. They are now cutting of my work due to COVID-19, but they won’t give me a Record of Employment because I’m not an employee. What are my rights if am self-employed during COVID-19?

You’re probably not an independent contractor, but a dependent contractor. That means you are financially dependent on one client, which means that if they end the relationship you are entitled to severance as if you were an employee. Learn about the misclassification of employees as independent contractors.

Segment starts at 16:51

CALL: LTD and Return-to-Work

I’ve been on LTD for over a year due to heart issues. My doctor gave me the OK to return to work but changed their position once the COVID-19 pandemic happened. Is the insurance company required to keep paying my LTD claim?

Your insurance company should always follow what your doctor says. If your doctor says you can’t work, you should be allowed to stay on your benefits. Your employer also cannot penalize you for not coming back to work. Learn more about your Long-term Disability Rights.

Segment starts at 22:56

CALL: Salary Reduction due to COVID-19

My employer of 25 years cut back my salary a week ago in response to COVID-19. They are also going to stop matching RRSP contributions. If I refuse to accept those changes, do they have a right to fire me? Would I be owed severance?

Your employer can let you go at any time, and for any reason as long as it’s not discrimination, but they must pay you severance. You also have the option to treat a change in your pay as a termination, and you would still get your severance. When your employer makes changes to your job or compensation, that is a constructive dismissal.

Segment starts at 26:25

Next Episode: Employment Law Show S4 E22 – Severance Myths During COVID-19

Previous Episode: Employment Law Show S4 E20 – COVID-19, Temporary Layoffs and CERB