Employment Law True or False Part 2 | Employment Law Show TV – S6 E27

Episode Summary

EMPLOYMENT LAW TRUE OR FALSE PART 2, a refusal to accommodate, forced to resign, and more on Season 6 Episode 27 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 working for another employer during a layoff

I took a job with another company while waiting to be called back from a temporary layoff. My original employer found out, and told me that wouldn’t bring me back, and that I had resigned from my position.

• Layoffs are terminations: An employee who has been placed on a temporary layoff has effectively been terminated. They can get severance pay through a constructive dismissal claim.
• Don’t accept a layoff: If you do, you may give your employer the ability to put you on one again in the future.
• Resignations can’t be forced: An employer can’t decide when an employee has resigned; it must be done voluntarily.

Severance pay if you are terminated due to vaccination status

I worked as a cook for 12 years. I refused to get vaccinated and was informed that I should not bother coming back to work. Do I have any rights to severance?

• Fired over vaccination: Employees who have been terminated as a result of their vaccination status in most cases are still owed severance pay. There were very few industries in which a government vaccine mandate was in place.
• Wrongful dismissal: While employers were permitted to terminate employees as a result of their vaccine policy, they are considered to have wrongfully dismissed their employees if adequate severance was not paid.

Negative reviews following request for accommodation due to arthritis

I spoke to my boss about possible accommodation after I was diagnosed with arthritis. He refused all my requests. I’ve since received negative criticisms regarding my performance. I’m worried I will lose my job. What should I do?

• Employers must accommodate: Employees who have a medical condition that requires accommodation must require a doctor’s note outlining their restrictions and provide the note to their employer. Employers must try their best to accommodate an employee with a medical condition.
• Human rights violation: Refusal to accommodate an employee’s illness or condition is a violation of human rights. Employers have to accommodate and a refusal to do so can lead to further legal consequences.

Employment Law: True or False

• An employer can put an employee on a temporary layoff without their consent: FALSE. Employees cannot be placed on a temporary layoff unless they have consented to the layoff in an employment contract or at a previous occurrence.
• An employee can’t be pushed to resign or retire: TRUE. Retirement and resignation must be completely voluntary by an employee. A forced resignation and retirement is considered to be a termination and an employee would be owed severance pay if they have been pushed to do so. Employers who push employees to resign are doing so in order to be free of paying severance entitlements.
• If an employee has a medical or childcare need, the employer must provide accommodation: TRUE. Employers must provide accommodation for employees who have a medical condition as well as employees who have childcare needs or other caregiving needs.
• Employers rarely off proper severance packages when somebody is fired: TRUE. Employers rarely offer adequate severance to employees and in many cases are unaware of their obligations. The severance that is initially offered to employees is typically a fraction of what they are owed in compensation. Employees should not agree to an initial severance offer before seeking out legal advice.

LEARN MORE ABOUT SEVERANCE
•Maximum severance in Ontario
• Severance payments in Alberta
• Severance entitlements in B.C

Request for leave to care for sick family denied

I had to leave the country to care for a sick relative. I asked my employer for 2 months’ leave but was denied and told to hand in my resignation instead.

• Accommodation based on family status: Employers are required to provide accommodation for this reason. In some provinces, there is also a requirement to provide an employee with family care leave and cannot be penalized or terminated due to taking this leave. Employers are not able to force employees to resign and resignation must be voluntary.
  

Fired for cause with no severance

I was fired by my employer for going to visit a co-worker’s potential new business. I wasn’t offered any notice or severance pay. Am I owed anything?

• Termination for cause difficult to do: It is very difficult for an employer to argue termination for cause. They have to be able to show that there was no other option other than a termination for cause, that disciplinary action was taken, and that the behaviour of the employee was significantly negative.
• Severance Pay: Individuals who have been incorrectly dismissed for cause are entitled to a full severance package.
  

Email termination before start of shift

I was unexpectedly fired through email an hour before starting a shift. I’m now in a very difficult financial situation. Do I have any options or recourse against my former employer? Can they let you go like that through a quick email?

• Email firing is legal: While employers are legally permitted to fire an employee through an email or over other virtual communication, it is not considered best practice. It is important for employees who have been let go in an abrupt manner to take into consideration the severance that has been offered if any.
• Job offer rescinded: Employees who have resigned from a place of employment in order to begin a new job and the offer has been rescinded, could be owed compensation by their potential new employer.
  

NEXT EPISODE: Employment Law Show S6 E28 – 5 significant employment law terms

PREVIOUS EPISODE: Employment Law Show S6 E26 – Things employees need to know about workplace stress