Guide to handling workplace burnout and stress | Employment Law Show TV – S7 E16

Episode Summary

GUIDE TO HANDLING WORKPLACE BURNOUT, forced to retire, a demotion, and more on Season 7 Episode 16 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 and British Columbia, on the only employment law show on both TV and radio in Canada.

Episode Notes

Severance based on salary alone

I have worked for the same company for over 5 years. Due to restructuring I was let go and offered 7 months of severance pay. This severance package only seemed to take into account my base salary. Is this right?

• Severance calculations: Employers often mistakenly offer severance packages based on an employee’s salary alone. Severance packages must take into consideration all aspects of an employee’s compensation; including commissions, bonuses, allowances, etc. Failure to do so can result in a wrongful dismissal. Employees should never accept an initial severance offer before seeking legal advice.

Ministry of Labour severance entitlements

I was terminated without cause, but my employer refused to pay me any severance. I spoke to the Ministry of Labour, but their calculation seems unreasonable.

• Ministry of Labour advice: The Ministry of Labour can only advise employees on their minimum severance entitlements. Employees are typically owed much more when considering their full common-law severance entitlements. Severance is based on a number of factors, including the age of an employee, length of service and position.
  • Learn more about Severance Pay
    Severance in B.C
    Severance pay in Ontario

Layoff due to lack of work

I’ve just been placed on a layoff. My manager said it is largely due to a lack of available work – though we’ve never been busier – and I will be recalled when things pick up again. Is this something I have to accept?

• Temporary layoffs: Employers do not have the ability to place employees on a temporary layoff despite a lack of work or financial difficulties. Employees do not have to accept a temporary layoff and can consider the layoff a termination. Employees that accept a temporary layoff initially have given their employer the ability to implement future layoffs.

Guide to handling workplace burnout and stress

• Performance significantly impacted by workplace stress: It is in an employer’s best interests to ensure the workplace is running smoothly and efficiently and all employees are operating at their best. Workplace burnout and stress is a big issues in many workplaces. Many factors in recent years, including the pandemic, have greatly affected an employee’s performance and stress management.
  
• Employer’s obligation to provide a healthy work environment: Employers have an obligation to provide a healthy and safe work environment for all employees. Employers that create a toxic work environment can lead to constructive dismissal.
• A doctor’s note for accommodations: Employees experiencing continuous stress or a mental health issue can speak to their treating doctors and ask for a doctor’s note. A doctor’s note does not have to offer specific medical information other than a possible prognosis. Employers must accommodate an employee’s medical condition, and a refusal to do so can result in a human rights violation.
• Taking a leave of absence: Employees, including those in Ontario, are within their rights to take a leave of absence due to stress and with the support of a doctor. Employers cannot penalize or terminate an employee due to illness or burnout.
• Fire an employee due to accommodations: Employees cannot be fired as a result of taking a leave of absence or due to a need for accommodations. Employees must inform their employers of possible struggles or external factors impacting their performance.

Told to retire by an employer

My brother is 66 years old. After 21 years of employment, he was initially offered a buy-out. He refused due to health reasons and now he’s being told to retire with no mention of a package.

• Signing a new employment agreement: Employees should be concerned if they have been asked to sign a new employment contract, particularly after years of employment. Employment contracts can contain terminology that seeks to limit the rights of an employee. Among other limitations, termination clauses included in contracts can limit an employee’s severance entitlements.
• Pressure to retire or resign: Employees cannot be forced to retire or resign, it must be completely voluntary. In most provinces in Canada, there is no mandatory age for retirement. Employees that have been forced to retire or resign due to their age have been discriminated against and could pursue additional legal damages.

Demoted from the manager position

My husband has been employed for 12 years in his current company in IT security. He was recently removed from a managerial position, and his schedule is now being drastically changed.

• Constructive dismissals: Employers do not have the right to impose major changes to an employee’s job without their consent. A major change can be considered a demotion, a major reduction in hours, etc., and can lead to constructive dismissal. Employees do not have to accept imposed changes and can consider their employment terminated.

Customer complaint leads to performance review

I’ve just been told that I must submit to a performance review and potential probation due to a baseless customer complaint. Do I have to go along with the process?

• Performance management: Employees can submit and go along with a performance improvement plan. It is important for employees who feel criticism and complaints are baseless should confirm in writing their perspective or dissent. Employers typically implement performance plans in order to build a case against an employee for a future termination for cause.

NEXT EPISODE: Employment Law Show S7 E17 – Rights for older employees T/F

PREVIOUS EPISODE: Employment Law Show S7 E15 – Fast Facts about Maternity and Parental Leave