What your friends & family need to know about employment rights | Employment Law Show TV – S5 E27

Episode Summary

WHAT YOUR FRIENDS & FAMILY NEED TO KNOW ABOUT EMPLOYMENT RIGHTS, maternity leave, severance, and more on Season 5 Episode 27 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

Allegations of harassment and bullying at the workplace

I work for a large retailer and my new manager is bullying me and threatening my job security. I had to take a medical leave and informed my employer and asked for it to be investigated. My employer said they would look into the situation once I return to work. What do I do?

Employers have an obligation to investigate harassment and abuse allegations at the workplace and take measures to resolve the situation. Employees have a right to a safe work environment and can treat situations that have not been adequately addressed as constructive dismissal.

Segment starts at 1:57

CALL: Severance if the company is shutting down

I’m pretty certain that the company I’ve worked at for the past 28 years as a forklift operator will be closing in the next few months. What kind of severance package would I be looking at?

Severance entitlements are based on a number of factors, such as the age of an employee, the length of employment as well as the position. Companies that are shutting down still owe their employees’ severance entitlements and are only exempt from doing so if they have filed for bankruptcy.

Learn More
• Severance Pay BC
• Severance Pay in Alberta
• Severance Ontario

Segment starts at 6:23

Employee not required to receive severance

I have just been told that, due to cost-cutting measures, I will be losing my job in four weeks after I train my replacement. They say they are not required to give me a severance package – even after 12 years with the company. Is that correct?

Employees who have been terminated without cause are owed their full severance entitlements. Employers are also within their rights to ask employees to train their replacements despite the fact that it could not be an ideal situation.

Segment starts at 9:06

What Your Friends and Family Need to Know about Employment Rights:

1️⃣ An employer doesn’t have the right to make changes to their job

Employers cannot make fundamental changes to an employee’s terms of employment without their consent. A significant change can take the form of a pay reduction, change in schedule, etc. Many employers have enacted changes due to COVID-19 however despite the pandemic, it is still not a legal practice. A drastic change in terms of employment can lead to a constructive dismissal.

Segment starts at 13:48

2️⃣ Their employer must accommodate their medical condition

Employers have a duty to accommodate their employees if they have a disability or medical condition and are given possible requirements or accommodations by their doctor. Employers who refuse to accommodate could be in violation of their employees’ human rights.

Segment starts at 16:30

3️⃣ They are likely NOT an independent contractor!

Employees are often misclassified as independent contractors as they work full-time for a sole employer and do not have control over their own schedule and compensation. Misclassifications can lead to a lack of advantages and benefits for individuals who should but don’t have access to vacation pay, overtime, minimum wage, severance entitlements, etc.

Segment starts at 18:50

4️⃣ They do not have to accept a severance offer by the employer’s deadline

Employers often implement a severance offer deadline in order to pressure an employee to agree to the offer. Employees have up to two years after the initial date of termination to pursue their severance entitlements. Before signing a severance offer, it is important to speak with an employment lawyer.

Segment starts at 20:33

5️⃣ Severance pay is more than one week per year of service

Employees’ severance is calculated on their age, position and length of employment. Employers are often unaware of what they owe their former employees.

Segment starts at 21:35

CALL: No position available for an employee returning from maternity leave

I have an employee set to return to work from her maternity leave, but I don’t have a job for her to come back to. What are my obligations as an employer?

It is important to determine how long the employee will be away on leave or maternity leave and whether or not upon their return there is a comparable position available to them if their previous job is not. Employers do have an obligation to bring back employees returning from maternity leave if the position is still available. Terminating an employee due to the fact that they are on maternity leave is potentially a human rights violation.

Learn More
COVID-19: Maternity Leave and Employment Insurance

Segment starts at 22:30

CALL: Increased hours of work but no increase in wages

Friends working in the kitchen at a long-term care facility are losing as much as 40% of their hours so the company can afford to hire another employee. When they inquired about the change, their supervisor told them they have no rights.

Employees have the right to refuse a significant pay reduction and do not have to accept this change. Employees can treat a significant pay reduction as a constructive dismissal and pursue their severance entitlements. Employees do have rights in Canada and should never believe differently despite what their employer might imply.

Segment starts at 25:51

NEXT EPISODE: Employment Law Show S5 E28 – 5 Common Questions about a Return to Work

PREVIOUS EPISODE: Employment Law Show S5 E26 – What your employer legally can’t do