Employment Law: True or False | Employment Law Show TV- S5 E12

Episode Summary

EMPLOYMENT LAW TRUE OR FALSE, a forced resignation, pregnancy during a probation period, and more on Season 5 Episode 12 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.

Episode Notes

Forced resignation after a pay cut offer

I was laid off due to the pandemic and when I was recalled my employer asked me to accept a reduction in pay. I rejected the offer and was told I resigned.

Lior explains that a layoff can be treated as a termination. Employees also do not have an obligation to accept a significant reduction in pay.

Segment starts at 2:05

CALL: No work to return to after medical leave

I took a medical leave for 6 months. When I called my employer to schedule my return, they told me they weren’t expecting me to return and didn’t have any work for me. What are my rights?

An employee is allowed to remain on medical leave as long as they have the support of their doctor. Employees cannot be terminated due to a medical leave as it is a human rights violation.

Learn More
Medical Leave What You Need to Know

Segment starts at 6:55

Request to work from home

I have been extremely anxious about the pandemic and asked my employer to let me work from home. While the office appears to be decently safe, I don’t want to take any chances. Does the company have to agree to let me work from home if I request this? I live with my husband and his boss is letting him work from home.

Unless there is a medical condition, an employer is not obligated to ensure an employee can work from home. An employer does have to follow health and safety guidelines in order to ensure the workplace is safe.

Segment starts at 10:10

Employment Law: True or False

1️⃣ My employer doesn’t owe me any severance because my employment contract has a termination clause

FALSE – A termination clause limits the amount of severance an employee is entitled to if they are terminated. Most termination clauses are not enforceable.

Segment begins at 15:03

2️⃣ During the pandemic, an employer has the right to make significant changes to an employee’s job

FALSE – Employment law has not changed despite the pandemic. An employer can’t make significant changes to terms of employment such as hourly changes or compensation.

Segment begins at 16:29

3️⃣ I was late for work, and then I failed to finish a project on time. One more strike and my boss will have the right to fire me

TRUE – An employer is allowed to build a case with an employee and have expectations met by their employee. Disciplinary measures should be taken and implemented and misconduct has to be proven.

Segment begins at 17:40

4️⃣ My employer doesn’t have a right to know what my diagnosis is in order to approve a medical leave.

TRUE – An employer does not have the right to know what an employee’s medical condition is and treatment. An employer is permitted to know whether or not an employee is able to work or not as well as restrictions and accommodations needed.

Segment begins at 19:19

5️⃣ The opportunity to pursue severance pay runs out after the employer’s offer deadline expires

FALSE – Severance offers usually have a deadline but they are only created in order to pressure an employee into accepting the offer.

Segment begins at 21:15

CALL: Pregnant during the probation period

My wife started a new job in a senior position with a 6 month probation period. She just learned that she’s pregnant. If her employer finds out about her pregnancy during probation, can they legally terminate her?

An employer cannot use probation as a reason to terminate an employee due to their pregnancy; it is a potential human rights violation. If an employer has a legitimate reason to let an employee go, that is not related to the pregnancy, they are within their rights to let them go.

Segment starts at 22:47

CALL: Fired after a conflict with my employer

I was let go from a manager role after 3 years with the company after clashing with the new director who had recently been appointed. I’ve had 30 years of experience in my field, and my department has always hit targets.

An employer can let an employee go for any reason as long as severance is given. Letting an employee go for cause has to be for a proven significant case of misconduct.

Segment starts at 26:00

NEXT EPISODE: Employment Law Show S5 E13 – Termination Without Cause and What You Need to Know

PREVIOUS EPISODE: Employment Law Show S5 E11 – Leave of Absence: What employees need to know