Employment Law Questions During COVID-19 | Employment Law Show TV – S4 E23

Episode Summary

EMPLOYMENT LAW QUESTIONS DURING COVID-19, asked to work while on a temporary layoff, remote working, and more on Season 4 Episode 23 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 20, 2020**

Episode Notes

Denied work-from-home accomodation

I work for an essential business in a role that can be done from home, an option my employer has refused. I don’t feel safe working in an office with other people right now. What are my rights?

You have a right to refuse unsafe work. If there is a more safe or appropriate way for your employer to allow you to do your job, they should accommodate you. If your employer puts you in danger unnecessarily, you can actually treat that as a termination and require them to pay you severance.

Segment starts at 2:10

CALL: Temporary layoffs and severance

I’ve been put on a temporary layoff. I’ve been a manager at a large chain for 9 years. I haven’t been told when I will be hired back. Will I lose out on my severance pay if I wait too long?

If you’ve been put on a temporary layoff, that gives you the right to treat that as a termination and get your severance. However, if the company calls you back to work, and you go back to work, then obviously you’ve given up your right to pursue severance. If you allow the company to lay you off, you will have given the company the right to do it again and again.

Segment starts at 5:28

CALL: Significant reduction in work hours

My foreman just told me that they are reducing my hours to Mondays, Wednesdays, and Fridays. I’ve been working there 9.5 years, and can’t afford to work fewer days. Is there any way I can make them give me regular hours?

A reduction in hours is clearly a constructive dismissal. Your employer doesn’t have the right to change your amount of hours or cut your pay. You could treat it as a termination and get your severance. Talk to your employer and tell them it is a constructive dismissal, and see if they back down.

Segment starts at 8:30

EMPLOYMENT LAW QUESTIONS DURING COVID-19

1️⃣  Can my employer cut my pay or reduce my hours of work?

Unless an employment contract allows it, an employer can’t change the terms of your employment.

Segment starts at 12:26

2️⃣  Can my employer put me on a temporary layoff?

A temporary layoff during COVID-19 can be treated as a termination of employment.

Segment starts at 14:05

3️⃣  Can my employer avoid paying me severance if I am permanently let go?

Your employer owes you severance pay, even during the coronavirus pandemic.

Segment starts at 15:35

4️⃣  Can I go on long-term disability if I can’t work due to illness, stress, or a mental health issue?

Your long-term disability rights during COVID-19.

Segment starts at 16:39

5️⃣  Can my employer force me to work in an unsafe workplace?

You have the right to refuse unsafe work due to the coronavirus.

Segment starts at 18:14

6️⃣  Can I be fired “for cause” if my employer says my performance dropped recently?

Most terminations for cause are not valid.

Segment starts at 20:13

7️⃣  Can I be asked to work unpaid overtime?

Your employer must pay you for any overtime work.

Segment starts at 21:28

CALL: Deadline to apply for severance

Is there a deadline for applying for severance from a company? I was laid off due to lack of work, however it happened after I told them that I had cancer. I was given three weeks’ notice.

Your right to pursue full severance expires two years after your date of termination. Lior explains why this individual was likely wrongfully dismissed.

Segment starts at 22:29

CALL: Given notice but no severance

Six months ago I was told that my position was being terminated and that I could apply for new positions. The termination date is a few days away, but they still haven’t given me any termination. Am I entitled to severance? I am a 60-year-old employee with over 30 years of service.

An employment lawyer can calculate the amount of severance pay you may be owed.

Segment starts at 25:23

CALL: Temporarily laid off

I was temporarily laid off due to COVID-19. My boss is asking me to continue doing work at home. He said it’s “the least I can do,” since I’ll likely have a job to return to. What are my rights in this situation? Do I still have to work for him if I have been laid off?

Your employer needs to choose between keeping you on the job or putting you on a temporary layoff. They can’t have it both ways.

Segment starts at 27:59

Next Episode: Employment Law Show S4 E24 – Wrongful Dismissals during COVID-19

Previous Episode: Employment Law Show S4 E22 – Severance Pay Myths during COVID-19