What to know about taking stress leave | Employment Law Show TV – S8 E12

Episode Summary

WHAT YOU NEED TO KNOW ABOUT TAKING STRESS LEAVE, negotiating for a raise, probation periods as discipline and more on Season 8 Episode 12 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

Legal advice after termination of employment

I was let go due to restructuring after over a year of employment and told that their severance offer was impeccable and I could seek out legal advice to confirm it. What should my package include?

• Wrongful dismissals and severance: Employers rarely offer adequate severance packages after a termination of employment. It is in an employee’s best interest to seek legal advice after they have been let go to determine if the offer of severance was adequate. Employees have up to two years after the initial date of termination to pursue their entitlements.
  

Severance if a business shuts down

My employer recently notified me that the company was closing down. After asking for confirmation in writing regarding my entitlements, I was told I’m only owed 3 weeks’ notice.

• Severance packages and business closures: Employees are entitled to severance despite the closure of a business. While employers are permitted to provide working notice to employees, in most cases additional severance will also be owed. Severance is based on the years of service of an employee, their age as well as their position.
  • Learn more about severance pay
    • Severance in Alberta
    • Severance packages in Ontario
    • Severance entitlements in B.C

Negotiating for a pay raise

I’m on contract but believe that I’m an employee. I was told I would have to negotiate for a raise but I could be let go without any compensation or severance. I’ve been with the company for 23 years.

• Misclassifications of an employee: Employees are often misclassified by employers as independent contractors. Misclassified individuals miss out on vital employment rights such as vacation and sick pay, as well as severance upon termination. Those unsure of their job classification should seek legal advice from an employment lawyer.

Reduced severance based on new job

I was let go last week after over 7 months employed as a senior manager. I was offered 11 weeks’ severance but told if I found a new job, the remaining amount would be reduced.

• Factors that influence severance: Short-service employees can be owed comparatively more severance pay than longer-service employees. This is due to the difficulty in finding future employment. Severance must include all elements of compensation, such as a car allowance, commissions, etc.

What you need to know about taking stress leave

• Support from your doctor: Employees have a right to take unpaid stress leave with the support of a treating doctor. Employees do not have to share personal medical information with their employers, but simply the prognosis.
  
• Short or long-term disability benefits if you can’t work: Employees may be able to receive short or long-term disability benefits due to ongoing stress and anxiety. Many employees through their benefit plan at their workplace, can apply for disability benefits.
• Return to the same job: Employers do not have the right to change an employee’s position while they are on leave. Employees must return to the same pay, hours, etc., they had before taking leave.
• Penalize or terminate an employee for expressing burnout: Employees cannot be penalized or terminated for expressing burnout or stress. Employers who let an employee go as a result of taking leave could face additional human rights violations.

Probation as a means of discipline

I’ve been placed on an extended probation period by a manager despite no mention of this in my employment contract. If I’m let go in the next few months, would I be owed any compensation?

• Probation periods: Employees would be owed severance in this situation as probation can only be implemented at the start of employment. Employees must consent to a probation period in an employment contract. Probation periods are not automatic and cannot be longer than three months.
  

Less severance due to employer financial difficulties

I have been working part-time for the last three years. A few weeks ago, my hours were cut. I took another part-time job. I am now being told this is a conflict of interest. Can a part-time employer require exclusivity?

• Working multiple jobs: Employers can accept employees not engage in conduct that creates conflicts of interest. Employers cannot impose unrealistic competition standards upon employees. Employers can still let an employee go without cause but must pay adequate severance.

Can employers…?

• Suspended without pay: Employees cannot be suspended without pay unless agreed to in an employment contract. A suspension without pay is generally considered a constructive dismissal.
• Ignore a doctor’s note requesting accommodation: Employers cannot ignore a doctor’s note requesting accommodation. A refusal to provide accommodation is considered a human rights violation.
• Change your job description: Employers generally cannot impose major changes to the job description after an employee has signed an employment contract. Employees should look closely at the terms outlined in their agreement.
• Revoke an annual bonus: Employers cannot revoke an annual bonus if an employee relies on this bonus as an element of compensation.
• implement tracking software on a company device: Employers can implement software on a company device as long as it is only implemented to track employee behaviour during regular work hours.
• Refuse a vacation request: Employers can determine when an employee takes their vacation.

PREVIOUS EPISODE: Employment Law Show S8 E11 – 5 Fast facts about “without cause” terminations