What you need to know about changes to your job | Employment Law Show TV – S6 E24

Episode Summary

WHAT YOU NEED TO KNOW ABOUT CHANGES TO YOUR JOB, signing termination papers toxic work environments, and more on Season 6 Episode 24 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

Proving harassment in the workplace

My boss is often belligerent and has threatened me several times in the workplace. I can no longer deal with this abuse and harassment. What should I do?

• Harassment in the workplace: All employees are entitled to work in a healthy and safe harassment-free workplace. In order to be able to seek constructive dismissal as a result of abuse or harassment in the workplace, employees who are experiencing bullying should document each incident. Recording instances of harassment as well as emailing the appropriate parties to report incidents is important in order to eventually build a case. Employees who have been able to prove a poisoned work environment have the ability to pursue constructive dismissal and leave their employment.

Severance pay for employees in a small company

I was fired after 10 years with the company. During my time there, I substantially increased their revenue. Am I entitled to any severance pay given that it was a small company?

• Small business obligations: It is a common misconception that small companies and businesses do not have to pay their employees severance upon termination. All employees are entitled to severance if terminated without cause. Severance pay is based on a number of factors, including the age of an employee, the length of employment as well as the position. The size of a company does not determine the severance entitlements of an employee. Employees who are unsure of their rights should contact an employment lawyer if they have been terminated.
  • LEARN MORE ABOUT SEVERANCE PAY
    Severance in Ontario
    Severance entitlements in Alberta
    Employee severance pay in B.C

Refused to sign termination offer and papers

I was laid off over a year ago. I was told I would get a small payment if I signed my walking papers before leaving the termination meeting. I decided not to, and so they paid me nothing. Do I still have time to do something about it?

• Deadlines after termination: Employees who have been terminated have up to 2 years past the initial date of termination to pursue their severance entitlements. Employees do not have to accept or sign a severance letter immediately and should seek out legal advice. Employers often offer inadequate severance packages and pressure employees to sign according to a deadline that is irrelevant.
  • WATCH TO LEARN MORE
    Employment Law Show – Severance Pay Deadlines

What you need to know about changes to your job

• Can your employer make changes to your job: Employees who have not consented to changes in their initial employment agreement do not have to accept changes imposed by their employer. A major change to an employee’s position is considered a constructive dismissal.
• Changes are employers not able to make: Minor changes that are permitted to be made by an employer. Employers cannot impose significant pay reductions, drastically reduce an employee’s hours of work, or demote an employee. Any change that is considered significant and negative implemented by an employer is not permissible.
• Continues working following a big change to their job: Employees who do not speak up after a significant change has been imposed on them by their employers, unfortunately, give their employer permission to enact further changes in the future. Employees who wish a change to be temporary should communicate their concerns to their employer and make sure they document in writing, that the change is to be temporary.
• Compensation when changes are made: Employees that are facing a significant change to the terms of their employment can leave their position as it is considered a constructive dismissal. A constructive dismissal permits employees to seek their severance entitlements. Severance pay as a result of constructive dismissal is still calculated based on the age of an employee, length of service and position.
• Resigning before pursuing severance pay: Employees should not resign from their positions before seeking legal advice from an employment lawyer. Employees can work with an employment lawyer to work toward a plan to leave their employment.
  • LEARN MORE
    • Changes to your job in Ontario
    • Alberta and changes to your job
    • When B.C. employers change your job

No longer want to return to a toxic work environment

I am on short-term disability leave due to depression and anxiety, caused in part by a toxic work environment. I no longer wish to return to this job but am unsure about what my rights are and the best strategy going forward.

• Toxic work environments: It is helpful for an employee to have a note from their treating doctor that eludes to the fact that a toxic work environment contributed to an employee’s disability or triggered a mental health illness. Employees have to be able to prove harassment in the workplace and should document all incidents of abuse and bullying. Once an employee has a record of incidents, they should speak to an employment lawyer and determine their next steps.

Employer imposing major relocation to the new worksite

I’ve been driving a truck for the same company for 21 years. My employer wants to relocate my job almost 200km from where I’m currently based. When I refused, they gave me three months to look for a new job.

• Longer commute for employees: A major relocation for an employee is considered a reason for constructive dismissal. Employees in this situation can treat the relocation as termination and pursue their severance entitlements. Long-service employees could be owed up to 24 months of severance pay. Notice is a part of an employee’s entitlements however in many cases, additional severance is owed.

Recalling unvaccinated employees after unpaid leave

I was fired for cause months ago due to my COVID-19 vaccination status. Now that my employer has ended their vaccine mandate, do they have to take me back? I’m still looking for a new job, but it’s been difficult to find anything in my field of work.

• COVID-19 vaccinations and employee rights: Employers are not obligated to recall employees and they can determine whether or not they wish to hire an employee. Employees placed on unpaid leave as a result of vaccination status can treat the leave as termination and pursue their severance entitlements. Employees in most cases cannot be terminated for cause as a result of their vaccination status unless a government mandate was in place.

NEXT EPISODE: Employment Law Show S6 E25 – Key questions about right for older workers

PREVIOUS EPISODE: Employment Law Show S6 E23 – Termination for Cause True or False