Employment Law True or False Part 2 | Employment Law Show TV – S6 E05

Episode Summary

EMPLOYMENT LAW TRUE OR FALSE PART 2, harassment complaints at the workplace, severance after 16 years of employment, and more on Season 6 Episode 05 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

Employer issuing vaccination ultimatum

My employer gave me an ultimatum stating that if I did not get vaccinated by a certain date, I would lose my job. Is this allowed?

• Vaccination or termination: Employers are not permitted to enforce vaccine mandates without government legislation. Despite this, many employers across the country have imposed mandatory vaccinations and terminated employees based on their vaccination status. Employees who have been terminated as a result of their vaccination status should be owed their full severance entitlements as in most cases they can only be terminated without cause.

Employee refused reduction in pay and considered to have resigned

My employer tried to change my compensation. When I wrote them back, saying I refused the change, they said they would take that as a resignation. They have since stopped paying me.

• Reduced pay and job abandonment: Employers cannot make significant changes to the terms of employment, such as a dramatic reduction in pay, or placing an employee on leave without pay. While there is no way to stop an employer from enacting these changes, employees do not have to accept the changes and can treat the reduction as constructive dismissal. Employees who have been constructively dismissed can pursue their severance entitlements.
  • LEARN MORE
    Severance Pay in Ontario
    Severance Pay BC
    Severance Pay in Alberta

Employer ignoring complaints about harassment

I was the top sales executive for years, earning over $150,000 a year in commission. That changed when my new manager began harassing me nonstop. I’ve been on stress leave multiple times and the owners have ignored my complaints.

• Harassment in the workplace: All employees have the right to a healthy and safe work environment free of harassment and abuse. Employers have an obligation to investigate complaints of harassment and bullying and resolve the issues. Employees who feel their employers have not addressed their complaints and are working in a toxic work environment can be considered to be constructively dismissed. It is important for employees to properly document and file complaints concerning incidents of harassment. Before resigning, employees should seek legal advice concerning their next steps.

Employment Law True or False Part 2

• Change an employee’s pay, duties, and hours of work as required: Employers do not have the right to make significant changes to the terms of employment without an employee’s consent. Major changes to employment can be considered grounds for constructive dismissal.
• Salaried employees aren’t entitled to overtime pay: Salaried employees are entitled to overtime pay. Weekly earnings are calculated and divided by hours in a week and anything over that is one and a half times pay. Managers are exempt from overtime pay and certain other positions.
• It’s better to quit than be fired for any reason: Employees should remember that upon resignation, they are not owed further compensation from their previous employers, such as severance entitlements and employment insurance benefits. Before resigning, employees should speak to an employment lawyer if unsure of their rights and next options.
• An employer can fire somebody for almost any reason: Employers are within their rights to terminate an employee for any reason as long as it is not discriminatory and they have offered employees adequate severance entitlements. Wrongful dismissal claims are tied to the amount of severance offered to a former employee, and not the reason for dismissal.
• Fire someone if they’re going to be on medical leave: Employers cannot terminate an employee as a result of medical or any other form of leave, or due to an illness or disability Penalizing or terminating an employee as a result of an illness or disability is considered a human rights violation. Employees can remain on disability or sick leave for as long as required with their doctor’s approval.

Severance calculations when there are gaps in employment at a company

I worked for a company for 5 years and left, before returning for another 3 years. I then left again, before returning once more, and have been working for 2 years so far. How would my severance be calculated if I’m fired?

• Seniority and years of service: In many cases in which there are questions about seniority, the full length of service can still be counted towards the length of employment and severance calculations. Employees should remember that in order to have their full length of employment considered, their employers need to have acknowledged previous years of service in some manner. It is important before signing an employment agreement upon resuming employment, employees should seek legal advice from an employment lawyer.

Fired after 16 years and offered 8 months severance pay

My 50-year-old friend was fired from his accounting clerk job after 16 years with the company. He has been offered 8 months’ pay, along with pension and benefits. Is that a good deal?

• Years of service and severance: Employees often incorrectly assume that they have been offered the correct amount of severance. Most employers do not offer employees an adequate amount of severance entitlements. Severance is based on a number of factors including the age of an employee, the length of employment as well as the position. Severance can also take into account pension and other compensation, such as bonuses. Long-service employees can be owed potentially up to two years of severance.

NEXT EPISODE: Employment Law Show S6 E06 – Put on a performance improvement plan: Now what?

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