How to Handle Workplace Harassment | Employment Law Show TV – S3 E3

Summary

HOW TO HANDLE WORKPLACE HARASSMENT, what to do if your employer does not offer overtime pay and more on the Employment Law Show with employment lawyer Lior Samfiru. Discover your workplace rights and learn everything you need to know about employment law in Ontario and British Columbia on Season 3 Episode 3 of the only employment law show on TV in Canada.

What We Covered

► Week That Was

As a driver earning a salary I work as many as 60 hours each week. My employer says he doesn’t owe me overtime. Are salaried employees entitled to overtime pay?

1:29 Lior explains that employees who earn a regular salary should still be given overtime pay. It doesn’t matter if an employee is paid a salary or by the hour. Overtime pay in Ontario kicks in after an employee works more than 44 hours over the course of a week. We calculate overtime pay by taking your weekly salary, dividing it by 44, and multiplying that number by 1.5 to arrive at the overtime rate of pay.

READ MORE
• Overtime pay in B.C.
• How does overtime work in Alberta

► Employment Law Show caller

I worked for a company for 22 years. I was injured in two workplace accidents, and now I’m on disability leave. After 2 years, my employer cut off my employee medical benefits. Where do I stand on this? Is this constructive dismissal?

3:51 Lior explains that if you take a medical leave, your employer is not required to continue your employee benefits. However, if your employer does decide to provide you with benefits during your leave, they can’t then cut those benefits off down the road. If an employer does take this approach, the employee may be able to treat the situation as a constructive dismissal. They can opt to leave their job with a full severance package.

LEARN MORE
• Severance Pay in Ontario
• Medical Leave (What You Need to Know)

► Employment Law Show caller

I was a private school teacher for 8 years. At the end of the school year, I was fired, and given 8 weeks’ termination pay. I’m 45, was at the top of the pay scale, and overqualified. Finding a new job will be difficult. Was I given enough severance pay?

5:57 8 weeks’ termination pay was likely an inadequate severance package for this private school teacher. To properly calculate severance pay, you must factor in age, years of service, position, and ability to find new employment.

► Question

Does a contractor become an employee after their contract is renewed by the same company enough times?

8:30 Lior explains what happens to a contractor’s status after they sign consecutive contracts.

► Workplace Harassment and How to Handle it

1️⃣ From a legal standpoint, what is considered workplace harassment, and what are some examples? – 10:15

2️⃣ Does the employer have an obligation to prevent workplace harassment? How does the employer meet these obligations? – 11:18

3️⃣ What should individuals do if they are subject to workplace harassment? – 12:43

4️⃣ Should an employee be concerned that by complaining about harassment, they will be punished by their employer? – 13:35

5️⃣ How should an employer react to a claim of workplace harassment? – 14:52

6️⃣ What can an employee do if the employer won’t deal with workplace harassment? – 16:09

► Severance Pay Calculator Example

I worked in sales at the same family-run business for 32 years. Last week, one of the younger family members took over as manager, and fired me. Given that I’m 71, I wasn’t shocked by this! They want to give me 12 weeks’ pay as a nice retirement gift. Should I ask them to throw in a few extra weeks?

5:57 Lior provides his answer.

► Employment Law Show caller

I would like to move one of my long-term employees to a new work location. I’m not sure that she will want to accept the move. If she doesn’t, could it be considered constructive dismissal?

22:54 Lior provides his answer

► Employment Law Show caller

I was injured, and had operations on my back. While I was off on disability, the insurance company told me I no longer qualified for disability benefits, and cut me off. My employer told me to show up for work, or I would be fired.

25:33 Lior provides his answer.

► TerminationQuestions.com

Am I still owed severance when I’ve only been working part-time? My employer said no. I’m 31 and have been there for 10 years, working in a grocery store.

27:49 Lior gives his answer.

Next Episode: Employment Law Show S3 E4 – Never Thought It Would Happen To Me

Previous Episode:  Employment Law Show S3 E2 – Ridiculous “For Cause” Terminations

Experiencing an Employment Issue?

Before you call a lawyer, use the Pocket Employment Lawyer to find out if you might have a case.

Use The Severance Pay Calculator to find out how much severance pay you may be owed upon termination.

Call 1-855-821-5900, email Help@EmploymentLawyer.ca or fill out a contact form to get help now.

Denied Long Term Disability? We Can Help.

Discover your rights when your Long Term Disability Claim is denied. Find out more here.