What you need to know about temporary layoffs | Employment Law Show TV – S7 E03

Episode Summary

WHAT YOU NEED TO KNOW ABOUT TEMPORARY LAYOFFS, long-service severance, major relocations, and more on Season 7 Episode 03 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

Added responsibilities lead to constructive dismissal

A co-worker recently resigned and as a result employee workload increased significantly. Can I refuse to take on this extra work?

• Constructive dismissal: Employees do not have to accept a major change to the terms of their employment. While a major change can be a demotion or significant pay cut, it can also mean an increased workload or added responsibilities which were not previously agreed upon. Employees can treat the change of duties as constructive dismissal and should communicate their refusals in writing to their employer.

Relocation leads to a significant increase in commute

After 19 years as an administrative assistant, my firm is relocating and my travel time to work will now double. This will also put pressure on my childcare obligations. Do I have to go along with this?

• The major change made to employment: A major relocation can result in constructive dismissal if an employee’s commute is significantly impacted. Employees do not have to accept a major relocation and should communicate this concern to their employer.
• Childcare obligations of an employee: Employers have an obligation to accommodate an employee’s medical condition as well as possible childcare obligations. Employees cannot be penalized for childcare obligations by their employer.

Severance for part-time employees

I worked part-time for almost a decade at a grocery store and was recently let go. My manager informed me I am not entitled to any severance as I was a part-time employee. Is this true?

• Severance pay for employees: It is a common misconception that part-time employees are not owed severance pay upon termination. Severance pay for part-time employees is calculated just as it is for full-time employees. Severance pay is based on a number of factors including the age of the employee, the length of employment and the position.
  • LEARN MORE ABOUT SEVERANCE PAY
    Severance packages in Alberta
    Severance in Ontario
    Severance for employees in BC

What you need to know about – Temporary Layoffs

• An employer’s right to place an employee on a temporary layoff without consent: It is easy for many employees to believe that temporary layoffs are permitted and legal; however, they are not permissible unless an employee has previously agreed to one. An employer that implements a layoff is breaching the terms of employment.
  
• Employment contracts that give employers the right to implement a layoff: Employees should be very wary of the terms included in an employment contract as they can give employers the right to lay employees off, reduce their pay, etc. Employees can be placed on a layoff for as long as 34 weeks if consented to in a contract.
  
• Employees that agree to a temporary layoff: Employers cannot lay an employee off unless they have accepted a layoff in the past. Employees that accept a layoff in one instance, have given their employer permission to implement a layoff in the future.
• A temporary layoff can be treated as a termination: Employees that have been laid off can treat the layoff as a termination and choose to pursue their rights to severance. Employees who have been placed on a layoff should contact an employment lawyer as soon as possible to determine their next steps.

Harassment leads to resignation

I’d worked at a restaurant for over 3 years and dealt with ongoing harassment from the chef. After speaking to the owners several times nothing was done so I left. Was this a resignation?

• Workplace harassment: Employers are obligated to provide a safe and harassment-free work environment for all employees. All employees have a right to work in a safe workplace.
• Investigations by an employer: Employers must investigate all complaints of harassment voiced by employees. In some situations, an investigation must be conducted by an objective third party. Employers that fail to rectify proven complaints of harassment have effectively terminated their employees. Before employees resign from their positions, they should seek out legal advice.

Calculating severance for a long-service employee

After 23 years with my employer, I was told my services were no longer needed and was let go for no reason. I was offered a week per year of severance.

• Minimum severance entitlements: Employers often mistakenly offer an inadequate amount of severance pay to employees and it is considered a wrongful dismissal. Long-service employees can be owed up to 24 months of severance pay.

Repeated extension of fixed-term contracts

I was originally hired on a contract for 1 year and it has since been extended twice. I’ve now been at this company for almost 4 years. Am I an employee even if I keep signing new contracts?

• Employment contracts: Employers often offer new contracts to employees despite the fact that after several contracts, they are considered an employee. The classification as an employee is particularly important in the event of a termination and with regard to severance pay.

NEXT EPISODE: Employment Law Show S7 E04 – Duty to Accommodate T/F

PREVIOUS EPISODE: Employment Law Show S7 E02 – How to handle abuse and harassment in the workplace