Rights for older employees: True/False | Employment Law Show TV – S7 E17

Episode Summary

RIGHTS FOR OLDER EMPLOYEES TRUE OR FALSE, a new contract, bad performance reviews, and more on Season 7 Episode 17 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

Harassed by a supervisor

My supervisor belittles and constantly puts me down. After speaking to HR, I was told nothing can be done. What are my rights in this situation?

• Harassment in the workplace: Employers have an obligation to provide a safe and healthy work environment, free from harassment for all staff. Employees who are facing bullying and harassment should first voice their complaints internally. Employers must investigate all complaints and resolve the situation. Failure to do so can lead to further legal consequences.

Induced employee’s severance pay

My brother was lured away from a job he had for over 15 years. He was let go within a year and now he’s not sure what his recourse is.

• Recruited and then terminated: Employees that have been recruited by an employer need to be aware of their employment rights if they are terminated. Severance for induced employees must be enhanced and take into consideration the previous years of employment. Severance will be based on the employee’s position, age and entire years of service.
  • Learn more about Severance Pay
    Severance in B.C
    Severance pay in Ontario

New contract after maternity leave

After returning from maternity leave, my employer requested I sign a new employment contract. I’m not sure why this is necessary. Am I obligated to sign this?

• Signing a new contract: Employees are not obligated to sign a new employment contract, particularly after years of service. Employees returning from maternity leave must return to the same position they had previously. Employers typically ask employees to sign a new employment agreement in order to protect their own rights. Before signing an agreement, employees should speak to an employment lawyer.

Rights for older employees: True/False

• Terminating employees due to their age: Employers cannot terminate an employee due to their age, as it is considered discriminatory. Employers that let employees go as a result of their age could face human rights violations.
  
• Legal obligation to make changes to someone’s job: Employers do have an obligation to accommodate an employee’s needs and limitations. Employees must be honest and open with their employer about what is needed in order to be efficient at their job. A doctor’s note might be necessary in order to trigger accommodations.
• Pressure an employee to retire: Employees cannot be pressured to retire by their employers. Retirement or resignation must be completely voluntary; anything to the contrary is considered illegal and can be considered a termination.
• Severance entitlement calculations: Older employees are typically owed more severance pay as they might face more difficulties in finding future employment. Age is a vital factor in determining severance entitlements.

No training and bad performance

After almost 8 months in this position, I have still yet to receive proper training. Despite this, my boss keeps giving me negative criticism. I’m worried this will lead to termination.

• Performance management: Employers are within their rights to implement performance plans and management in order to improve an employee’s productivity. Employees should note that a performance plan is often implemented in order to build a case for future termination. While employees should abide by what is instructed, they should also voice their disapproval or lack of aid from their employer in writing. This is vital for employees to protect their future rights and entitlements.
• Termination for the cause: It is very difficult to terminate an employee for cause, particularly due to performance issues. Termination for cause is reserved for employees that have exhibited serious misconduct and left no alternative measures for employers.

Severance for federally regulated employees

I’m a middle manager and have been employed for over 20 years in a federally regulated job. Due to losing a major contract, there’s now an expectation of layoffs. What should I expect in a severance package?

• Federally regulated employees: Federally regulated employees, such as those who work in banking, rail and air travel, are still entitled to severance pay upon termination. The calculation for severance pay for federally regulated employees is based on the age of an employee, length of employment and position. Full common-law severance entitlements do not differ between federal and provincially regulated employees.

An employer refusing a bonus after medical leave

I recently was on short-term disability leave for a few months due to an ongoing health issue. Upon my return, I was told I was not entitled to an annual bonus as I was away. Is this legal?

• Bonus payments and targets: Employees who have been refused a bonus will have to determine what the bonus is based on. Some bonuses can be based purely on performance and meeting certain targets. Employees cannot be penalized for taking a medical leave of absence as doing so would be considered a human rights violation.

Company relocation impacts employee’s commute

I’ve been employed by a family-owned company for 12 years. The business just sold and will be relocating. This new location adds a great deal of time to my commute. Do I have any options here?

• Constructive dismissals: Employees do not have to accept a major change to the terms of employment, despite the sale of a business. In order to consider constructive dismissal, employees should consider the impact on their commute due to a relocation. Employees that lose employment as a result of a refusal to relocate could still be owed severance pay.

NEXT EPISODE: Employment Law Show S7 E18 – Common myths about termination

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