Employment rights primer for Independent Contractors | Employment Law Show TV – S7 E06

Episode Summary

EMPLOYMENT RIGHTS PRIMER FOR INDEPENDENT CONTRACTORS, constructive dismissals, fired after a disability leave and more on Season 7 Episode 06 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

An employee refused the chance to return to work

I was off on sick leave for a few months but was cleared to return to work. My employer refuses to answer any of my messages. What are my options?

• Penalizing employees after returning from sick leave: Employers are obligated to provide accommodations for employees returning from sick leave or due to a disability. Employees cannot be terminated as a result of their illness. Employers that refuse to respond to employees returning from leave have effectively terminated an employee and must provide a severance package.
  • Learn more about sick leave and sick days
    Sick days in Ontario
    Can you be fired as a result of sick leave in Alberta?
    Sick days in BC

Employee fired after return from disability leave

I worked in an IT position for over 19 years. After returning from disability leave, my employer said there was no work for me, and let me go. Am I owed severance?

• Terminated due to illness or injury: An employer must bring back an employee that is returning from an illness or disability leave if they have been cleared to do so by their treating doctors. Employers cannot refuse to bring back employees without first considering what work is available.
• Duty to accommodate: Employers must try and provide necessary accommodations for employees with a medical condition up until the point of undue hardship. Employers that fail to provide accommodations have violated their employee’s human rights.

Temporary change in job duties implemented

My boss changed my duties two months ago, saying the change was only temporary. Every time I ask to be returned to my old duties, she tells me that I need to wait just a bit longer.

• Constructive dismissal: Major changes to the terms of employment, like a significant reduction in pay or a change in responsibilities, do not have to be accepted by employees. Employees can choose to treat major changes to the terms of employment as constructive dismissal and pursue severance. Employees should be wary of accepting new changes without voicing disapproval as it can be perceived as an accepted change.

Employment rights primer for Independent Contractors

• Many independent contractors are in fact employees: It is important to consider who ultimately decides if an individual is an employee or an independent contractor. Employment laws make the determination of whether or not an individual is an employee or not.
  
• How to tell if you are an employee or an independent contractor: A contractor runs a business for themselves and provides services for their clients. Independent contractors set their own schedules, jobs, wages, etc, and often have several clients. An employee works under the direction of a sole company and employer.
  
• Employees miss out on vital rights: Employees that are misclassified as independent contractors could face financial difficulties regarding back taxes, penalties, etc. True contractors are also not entitled to vacation pay, overtime, severance pay, and other rights.

Put on a performance improvement plan by the employer

I have just been put on a performance improvement plan after missing my sales quota. Our quota increased, while commissions have dropped. Are they legally able to do this?

• Performance management by an employer: Employers often implement performance improvement plans in order to eventually terminate an employee for cause. Employees that feel that their performance reviews and plans are inaccurate should voice their dissent. It is important to have this communication in writing.

Terminated and told the job is redundant

Two months ago my wife lost her job and was told her role was redundant. She worked at this job for over 8 years and was an office administrator.

• Severance pay after termination: Many employees mistakenly believe that a wrongful dismissal occurs as they were terminated for a bad reason. Employers can terminate employees for any reason as long as it is not discriminatory and adequate severance pay is paid. Severance pay is based on a number of factors, including the age of an employee, the position, and the length of service.
  • Learn more about Severance Pay
    Severance entitlements in BC
    Severance pay in Alberta
    Severance packages in Ontario

NEXT EPISODE: Employment Law Show S7 E07 – 5 things you should know about medical leave

PREVIOUS EPISODE: Employment Law Show S7 E05 – 5 Fast facts about Wrongful Dismissal