Things employees need to know about workplace stress | Employment Law Show TV – S6 E26

Episode Summary

THINGS EMPLOYEES NEED TO KNOW ABOUT WORKPLACE STRESS, increasing workload, employment contracts, and more on Season 6 Episode 26 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

Owed severance if new job position was rescinded

I had worked in a marketing position for a few years and accepted a new job at a different company. A few days before I was supposed to start my new position I was told there was no longer a position available. What can I do now that I’ve quit my previous position?

• Severance in a new position: An employee in this position will still be owed compensation even though they never worked for their new employer, particularly as they quit their previous position. Employees who have lost significant income as a result of this decision are owed severance pay. Employers would be responsible to pay compensation that would amount to the time an employee would take to find new employment.
  • LEARN MORE ABOUT
    Short-service employees and severance pay

Fired from a job while on long-term disability

I was fired from my bank job while transitioning from short-term to long-term disability benefits. They told me that my position was no longer available. I was offered 12 weeks’ pay that would stop once I found a new job. What are my rights?

• Severance entitlements for employees on disability: Employees who are transitioning from short to long-term disability are clearly unable to work and so a decision from an employer to declare there is unilaterally no job available could be a human rights violation. Employees should also bear in mind the severance they are owed. Severance is based on a number of factors including the age of an employee, the length of employment as well as the position. Employers are also not permitted to terminate an employee as a result of their disability or illness.
  • LEARN MORE
  • Severance entitlements in Ontario
  • Severance Pay in Alberta
  • Severance packages in B.C

Employers adds to employee’s workload significantly

Last month my employer unexpectedly added a heap of new duties to my job that nearly doubles my workload. I told my manager that while I can handle the added tasks temporarily, it can’t be a permanent change. I believe I will soon be let go because of my complaint. Can I stop that from happening?

• New duties added to a job: Employees cannot prevent their employers from terminating their employment however they can protect their rights in the event of termination. Employers who have changed the terms of employment, such as adding significant duties to an employee’s position, could be seen as constructively dismissing their employee. Employees do not have to accept major changes to their job.

Things employees need to know about workplace stress

• Workplace stress can affect an employee’s performance: Employees and employers alike have experienced a significant amount of stress over the past few years largely as a result of the pandemic. Many have had to take a leave due to mounting anxiety, stress and depression. Employees in Ontario should remember there are laws in place to protect them in the event a leave is necessary.
• Employers have a responsibility to ensure a safe work environment: All employers are obligated to ensure the workplace is safe. A safe workplace does not simply mean basic safety procedures but also that support is in place for employees to perform their tasks without harassment and mistreatment. Employers must be aware of the work environment and ultimately fix problems that arise that have caused undue stress.
• An employer must provide accommodations to an employee: Employers have a duty to accommodate employees and that does not solely encompass an employee with a physical condition. Mental health must also be accommodated by employers. Employees should speak to their treating doctor and outline their accommodations at work. A refusal to accommodate can lead to consequences for employers.
• An employee can take a job-protected leave of absence: Employees who are unable to work due to stress, anxiety, depression, etc. must provide a doctor’s note to their employer. Employers cannot question an employee’s medical support. Employees are within their rights to apply for benefits available to them through their work or through external support.
• Employers can’t punish or penalize employees: Employers cannot punish employees who are experiencing stress and have voiced their concerns. Employees must communicate their concerns with their employers. If concerns have been dismissed, employees are within their rights to contact an employment lawyer and determine their next steps or if legal action is required.
• An employee can leave their job with severance pay: Employers who fail to accommodate and provide a safe work environment for employees have breached the fundamental terms of employment. Employees who have had their concerns dismissed can consider constructive dismissal.

Employment contract with “subject to change” clause

What does it mean when an employer includes “subject to change’ in an employment agreement? Does this phrase allow a company to make changes whenever they want?

• Employment contract terms: In most cases, employers do not have the right to impose significant changes to the terms of employment. It is important for employees to remember that an employment agreement can give the employer the power to do so. Employees should be wary before signing an employment contract with terms that allow employers to change major elements of their job. Employees do not have to sign an agreement and are within their rights to negotiate.

Who pays severance when a company is sold?

The company has been sold to a new owner. It’s still unclear whether we will all be let go. If I do lose my job, who pays severance: the old employer or the new one?

• Employee rights if a business sells: Employees who began working with a new company and are let go soon after would be owed severance that encompasses their previous years of service with their old employer from their new boss. Employees who have not begun working for a new company and have lost their job as a result of their business being sold are owed severance from their previous employer.

Supervisor complains about older employee productivity

I’m a 62-year-old field technician with 23 years at the same company. My new supervisor has been increasingly complaining about my quickness and efficiency. I believe his dislike of me has led to a dramatic reduction in my shifts. What can I do?

• Performance in the workplace: Employees should question whether or not the claims and criticisms being directed toward them are accurate. While it is impossible to force an employer to continue employment or provide more shifts, an employee can consider their employment as terminated and decide to pursue severance. Employees who experience difficulties as a result of a medical condition should provide a doctor’s note to their employer in order to protect their rights.

LEARN MORE ABOUT PERFORMANCE MANAGEMENT
Performance management and discipline
Terminated due to illness or injury

NEXT EPISODE: Employment Law Show S6 E27 – Employment law true or false part 2

PREVIOUS EPISODE: Employment Law Show S6 E25 – Key questions about employment rights for older workers