Guide to Accommodations in the Workplace | Employment Law Show TV – S9 E18

Episode Summary

ACCOMMODATIONS IN THE WORKPLACE, employment contracts, induced employment and more on Season 9 Episode 18 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 Alberta, Ontario, and British Columbia on Canada’s only employment law show on TV and radio.

Episode Notes

Approved time off from work is considered a resignation

I requested a few weeks off from work for vacation. The time away was approved. A week into my vacation, my employer requested I return to work early. I couldn’t do so, and so I stayed. When I finally went back to work, I was told I’d resigned from my position. Is this legal?

• Job abandonment: Employees who have been approved to take time off cannot be penalized for doing so. Employers are not permitted to change an approval or denial for vacation once an employee has already begun approved time off. Employees who are penalized or terminated under these circumstances would be owed severance.

Re-negotiating an employment contract

I’ve worked part-time as a caretaker for 23 years. I’m 77. After recently asking for a raise, I was told I’d need to renegotiate my contract. If they decide to let me go instead of giving a raise, what would I be owed?

• Pay raises and negotiations: Employers are not obligated to provide pay raises to employees in a non-unionized environment. While an employee can be let go for asking for a raise, adequate severance pay must be offered.
  • Learn more about severance pay
    • Severance in Alberta
    • Severance packages in Ontario
    • Severance entitlements in B.C

An employer changes an employee’s payment structure

I work in the sales department. My pay is based on salary plus commission. Recently, the commission structure changed, but no specific sales targets were provided. Do I have any say in this?

• Constructive dismissals: Employers do not have the authority to impose major changes to an employee’s terms of employment, such as a drastic alteration to the payment structure. Employees can refuse a change that negatively impacts their pay and treat it as constructive dismissal.

Let go for insubordination

I just started a new job with very specific expectations. After just a couple of days, it was clear those expectations wouldn’t be met. When I raised it with my supervisor, I was fired for insubordination.

• Terminated during probation: Employees must not assume they are automatically on probation at the start of a new job. Probation periods must be consented to in an employment agreement. Employees who have been let go shortly after being hired might still be owed severance pay and should speak to an employment lawyer.

Guide to accommodations in the workplace

• A right to workplace accommodation: All employees have a right to workplace accommodations, but not in every situation. Personal preferences are not a legally protected ground. 
  
• Medical documentation: Employees must provide a doctor’s note to their employers to seek a medical accommodation in the workplace, such as modified duties.
• Types of accommodation: Any type of accommodation can be asked for, provided an employee has medical support. Accommodations can be a modified schedule, restrictions on lifting in a physical job, working remotely when possible, etc. Accommodations can also apply to a need for childcare and religion.
• Employer refuses accommodation: Employers are obligated to provide accommodations. A failure to do so can result in further legal recourse, as it could be considered a human rights violation.
• Consequences for asking for accommodation: Employees cannot be penalized or terminated for requesting an accommodation, despite an employer’s belief that they are unable to provide it.

Let go shortly after being recruited

After a decade at my job, I was recruited by a large company. Just 10 months in, they let me go, saying I wasn’t a good fit. I’m almost 50, and this was a specialized advisory position. How much severance am I owed?

• Induced employment: Employees who were recruited to a new job and are let go shortly after are owed enhanced severance pay. Severance under these circumstances might have to take into consideration the years of employment at the previous job.

Pay deduction used as a disciplinary measure

My employer just announced they’re implementing a ’fine’ system for incomplete tasks and infractions. If you don’t complete a certain task, they will deduct it from your pay. Is that even legal?

• Performance management and discipline: Employers are not permitted to deduct pay or demote employees as a disciplinary measure unless they have received consent from the employee. Employees who have had their pay deducted could file a complaint with the government or seek legal advice from an employment lawyer.
  

Employee Rights

• Placed on an unpaid suspension: Employers cannot legally place employees on an unpaid suspension, and it can be treated as constructive dismissal.
• Extending maternity or parental leave: Parental leave can be extended to the maximum allowable time period. Past the permissible time period, employers are not obligated to keep the employee in their position.
• Severance pay for construction employees: Employees in the construction industry are owed severance pay, and their entitlements are based on the same factors as employees in other fields.
• Fired ‘for cause’ and performance: Terminations ‘for cause’ should only occur in the event of serious misconduct exhibited by an employee. It is difficult to terminate an employee based solely on performance issues.
• Ignoring harassment complaints: Employers are obligated to investigate harassment complaints and ensure the issue is resolved.

PREVIOUS EPISODE: Employment Law Show S9 E17 – Stress Leave: Fact or Fiction