How to handle abuse & harassment at the workplace | Employment Law Show TV – S7 E02

Episode Summary

HOW TO HANDLE HARASSMENT AT THE WORKPLACE, signing a new contract, performance reviews, and more on Season 7 Episode 02 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

Pressured to resign by an employer

Pre-pandemic I informed my employer I would retire at 65. Now that I’ve reached this age, my employer is expecting my resignation. I no longer plan on retiring immediately. Am I obligated to resign?

• Forced resignation or retirement: Employees are not obligated to resign or retire and cannot be forced to do so by their employer. A resignation must be completely voluntary and cannot be coerced. Employees that have been pressured to resign have been terminated and are owed severance.
• Let go as a result of an employee’s age: Employers cannot terminate employees as a result of their age; it is considered discriminatory and a human rights violation. Employees that have been forced out of their position as a result of age should immediately contact an employment lawyer as it is a wrongful dismissal.

Severance entitlements when a business shuts down

After 11 years at my company, the boss is shutting the place down and selling the building. I was told I only get 8 weeks of severance. Is that all I’m owed after all this time?

• Severance pay when a company shuts down: In the event of a sale of a business if an employee continues to work with the buyer, they are not owed severance pay from the seller or previous owner. Employees that are not hired by a new owner and have lost employment, are owed their full severance entitlements from the seller of the business and previous employer.

MORE ON SEVERANCE:
• Severance in Alberta
• Severance packages in Ontario
• Severance entitlements in B.C

Negative performance reviews from employer

I’ve received several negative performance reviews from my direct supervisor, but many elements included in the reviews are inaccurate. How do I address this issue without losing my job?

• Employee performance reviews and discipline: It is not uncommon for employees to receive negative performance reviews that are inaccurate. Employees should correct in writing their approval or dissent of a performance review and politely refute the criticism. Written documentation prevents an employer from arguing an eventual termination for cause on the basis of negative reviews. Silence is considered acceptance.

How to handle abuse & harassment in the workplace

• All employees are entitled to a safe and harassment-free work environment: Employees should keep in mind that if they are being mistreated at work, it is not appropriate or legal. All employees are legally entitled to a safe and healthy work environment.
  
• Document in writing all instances of harassment and bullying: Those responsible for harassment are not going to admit the incidents of abuse. Recordings and documentation are important in order to confirm and solidify an employee’s case for harassment. Confirming incidents in emails, witness corroborations, etc, are vital.
  
• Reporting incidents within the workplace: Communicating to the right department and person within the workplace is important, and should also be done in writing. Voiced complaints do not have to be formal and can be conducted in an email. For employees in small companies or who cannot internally voice complaints, seeking advice from an employment lawyer is crucial.
• Workplace investigation conducted by the employer: Employers are obligated to conduct a serious and thorough investigation within the workplace and cannot ignore complaints. In some cases, an external investigator can and should be brought in by an employer. Once an investigation has been conducted, if complaints have been confirmed to be true, the situation must be resolved.
• Speak to an employment lawyer for options: Employees that feel that their complaints have not been properly addressed and continue to face bullying or harassment should speak to an employment lawyer. In many cases, resignation as a result of a toxic work environment can be considered constructive dismissal.
  

Returning an employee from medical leave with a pay cut

An employee that was on medical leave for 6-8 months now wants to return. I hired a new employee to fill that position at a lower rate. Can I bring back the returning employee at a lower wage?

• Employees returning to the job at a lower wage: Employers cannot implement major changes to the terms of an employee’s job without their permission, such as a major reduction in pay. Employees are not obligated to accept this change and can treat the change as constructive dismissal.

Asked to sign a new contract and threatened with termination

After 7 years in outdoor sales, the new general manager has asked that I sign a new contract. The contract changes many elements of my current position, but I was told if I don’t sign it, I’ll lose my job.

• Signing an employment contract: Employers cannot force employees to sign a new employment agreement, just as they are not able to change fundamental terms of employment. Employees should be concerned if presented with a new employment contract as it typically will seek to limit an employee’s entitlements. Employees that have refused to sign a new contract can be let go without cause and would be owed full severance pay.

Employee monitoring online activity after work hours

Can your boss monitor your online activity after regular work hours? I was recently rebuked for a posting on social media and am not sure why my behaviour outside of the workplace is being tracked.

• Electronic monitoring by an employer: Employers cannot legally track an employee’s post-work activities however it is important for employees to realize that content that is posted on social media can be potentially viewed by the public.
• Social media impact on employees: Despite posting after hours, the content that employees post on social media outside of regular work hours can reflect on their employer. Social media can be held against employees.

NEXT EPISODE: Employment Law Show S7 E03 – What you need to know about temporary layoffs

PREVIOUS EPISODE: Employment Law Show S7 E01 – 5 Things to look for in an employment agreement