Guide to workplace accommodations | Employment Law Show TV – S8 E07

Episode Summary

GUIDE TO WORKPLACE ACCOMMODATIONS, forced to return to the office, ignored harassment complaints, and more on Season 8 Episode 07 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 about employment law in Alberta, Ontario and British Columbia, on the only employment law show on both TV and radio in Canada.

Episode Notes

Placed on a layoff after taking leave of absence

I wanted to travel to visit family so asked for a leave of absence from my employer. I was granted permission and upon my return to work, was told there was no work for me and placed on a layoff. What can I do?

• Granting leaves and job protection: Employers can terminate an employee for any reason as long as it is not discriminatory and adequate severance is paid. Employers are not obligated to grant leaves to employees for personal reasons. However, an authorized leave of absence cannot be penalized by revoking severance entitlements.
  

Minimum severance entitlements

I was told by my employer that the company was going in a different direction and I was let go. They offered me 7 weeks of working notice, and an additional 1 week for each year I was employed. I was also offered an additional $3,500 to sign the release. Is this accurate?

• Severance entitlements: Employers rarely provide adequate severance packages upon termination. Upon termination, employees should seek legal advice from an employment lawyer. Severance is based primarily on an employee’s age, position and years of service.
  • Learn more about severance pay
    • Severance in Alberta
    • Severance packages in Ontario
    • Severance entitlements in B.C

Promised bonus revoked by employer

I’ve been with my employer for over 5 years. I was promised a $10K bonus if I accomplished certain goals, which I eventually completed. Despite my achievements, the company changed its mind and cancelled the bonus.

• Constructive dismissals and pay reduction: Employers cannot revoke a bonus if it was previously agreed to pay the extra compensation out, and the employee held up the terms of the agreement. Employees can take legal action against an employer who refuses to pay agreed-upon wages in the form of a constructive dismissal.

Negative annual performance review

I just had my yearly review with my employer and was not pleased with the outcome. I asked my boss about specific negative incidents, but he told me not to worry about the review. How can I protect my rights?

• Performance management by an employer: Employers typically implement performance reviews and performance improvement plans to build a case against an employee in the future. Employees who do not agree with the critique provided by an employer should voice their disagreement in writing. Failing to respond to a negative performance review implies acceptance.

Guide to Workplace Accommodations

• Employees must be accommodated by their employers: Employees must be accommodated by their employers if they have a medical condition. The duty to accommodation is an obligation under employment laws. Employees do not get to choose to opt out of accommodations.
  
• Provide their employer with a note from their doctor: To trigger a duty to accommodate, employees must provide their employers with a note from their treating doctors and medical professionals.
• Employees expressing preferences: Employers do not have to provide accommodation to employees expressing their preferences, rather than an actual medical condition.
• The point of undue hardship: Employers must provide accommodations up until the point of undue hardship. Employers must try and provide accommodations even if it is difficult to do so however, there are limits. It is much more difficult for large corporations to profess an inability to accommodate employees in comparison to small businesses.
• A human rights violation: A refusal to accommodate an employee’s medical condition can be considered a human rights violation. Employers that refuse accommodations can face additional legal consequences.

Forced to return to the office under threat of termination

Management has recently called all employees back to the office 3 days per week, with only a couple of weeks’ notice. They’ve threatened termination with cause for anyone who does not agree to this, regardless of personal circumstances. Can they fire someone with cause for this?

• Remote and hybrid work arrangements: During the pandemic shifted to a remote work arrangement. Employers were able to request employees return to the office not long after health regulations were lifted.  Employers who chose to let employees continue to remain in a remote work arrangement will now have difficulty requesting employees return to the office years later. Remote or hybrid work for many has become a new term of employment.
  

Learn more about employee rights when employers end remote work and recall staff in provinces like Ontario, Alberta and British Columbia.

Workplace harassment leads to taking medical leave

My boss yells at me regularly and puts me down in front of colleagues. I have talked to HR several times about this, and they keep saying that they will speak to him. So far, nothing has changed. Due to the added stress, my doctor is telling me to take some time off work. What can I do here?

• Harassment in the workplace: Employees are entitled to work in a safe and harassment-free environment. Employees should first bring forth complaints of harassment to the appropriate internal department, in writing. Employers must investigate harassment complaints and resolve the situation. A failure to do so can be considered a human rights violation and lead to constructive dismissal.

Employment Rights Rapid Fire

• Let go “for cause” due to performance: It is extremely difficult for an employer to terminate an employee “for cause”. Simple mistakes and errors in performance would still result in a termination without cause.
• Demoted by employer: Employers cannot demote employees despite the demotion being in the title alone. A demotion can lead to constructive dismissal.
• Classified as a “contractor”: Employers often misclassify employees as “independent contractors”. A contractor typically has multiple clients and does not work exclusively for a single individual.
• Let go before an annual bonus: Employers can let an employee go at any point however in many cases, a bonus payment would have to be included in a severance package.
• Accepting termination release immediately: Employers cannot force an employee to accept a termination release and severance package immediately. Employees have up to two years past the date of termination to pursue their severance entitlements.

PREVIOUS EPISODE: Employment Law Show S8 E06 – What you need to know about Employment Contracts