Working from home: What you need to know | Employment Law Show TV – S5 E6

Episode Summary

WORKING FROM HOME WHAT YOU NEED TO KNOW, non-competition clauses, refusing unsafe work and more on Season 5 Episode 6 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

Severance based on salary alone

I was let go from my place of employment and given severance purely based on my salary alone, not accounting for commissions and bonuses.

Severance calculations have to take into account not only an employee’s salary but also any other compensation an employee receives like commission and vacation, bonuses, benefits, etc.

Segment starts at 2:15

Change in shift schedule

Three weeks after bringing me back from a COVID-19 layoff, my employer wants to move me from my usual day shifts to evening shifts. I know that this is likely a constructive dismissal. How do I pull the trigger on it?

Significant changes to your terms of employment can be considered a constructive dismissal. The best way to initiate a constructive dismissal is to communicate with the employer the refusal of the new changes. If an employer then wishes to terminate the employee, the employee will be entitled to severance.

Segment starts at 4:51

Harassment not taken seriously by the employer

I’ve been harassed daily for the past 6 months by our bank’s new branch manager. Not too long after the abuse began, I started experiencing panic attacks. I informed HR, but they’re not taking it seriously. I am now on short-term disability and am worried that I will be fired before my return. What are my rights?

It is important for an employee who feels they are being harassed to communicate with HR in order for the employer to properly investigate and address the issue. If it is not properly addressed, it can be considered to be treated as constructive dismissal.

LEARN MORE
• Rights when workplace discrimination occurs
• Harassment in the Workplace

Segment starts at 8:40

Working From Home: What you need to know

1️⃣ Can my employer pay me less if I work from home?

Employers cannot reduce an employee’s pay if they are working remotely.

Segment starts at 12:42

2️⃣ Can my employer punish me if I need to take care of my children while working from home?

If an employee does have childcare obligations an employer has to respect these obligations and accommodate their employees. Employees are still expected to meet expectations however and if they are unable to do so communication with their employer is important.

Segment starts at 13:52

3️⃣ I am being harassed by a coworker. Is it impossible to do anything about it because we aren’t in the workplace?

Employees working remotely are still considered to be working at a workplace if working remotely. Harassment can take the form of through email or phone etc. Communication with HR and the employer is important in order to properly rectify the situation.

Segment starts at 15:27

4️⃣ I have been working from home for a while. Can my employer force me to come back to the office?

If an employer wants an employee to return to work they have a right to ask as long as proper health and safety measures are being met in the workplace. If an employee has a medical condition and cannot return, or childcare obligations, an employer will have to accommodate these needs.

Segment starts at 17:02

5️⃣ Can my employer fire me for cause if they think my productivity has dropped?

Employers have the right to have certain expectations from employees who are working remotely. Working remotely however can have certain limitations for employees that are out of their control that can limit productivity.

Segment starts at 18:55

Non-Compete Clause

Are non-compete clauses found in employment contracts enforceable? Can my employer really stop me from working in a similar business for a year?

Generally, it is understood that most non-compete clauses are not enforceable as the ultimate goal is to ensure an employee can find new employment. A company can try to enforce the non-competition clause in a contract however so employees should try to avoid signing a contract with this clause.

Segment starts at 20:40

Not called back after a temporary layoff

My employer shut down temporarily due to COVID-19. They have since recalled some employees, but not me. Should I keep calling them to find out when I might be going back? I have worked there for 10.5 years.

Regardless of who an employer decides to call back from a layoff, they technically do not have the right to temporarily layoff an employee. In this particular situation, an employee can decide to wait to be recalled or treat the layoff as termination and seek severance entitlements.

Segment starts at 24:42

Refusing unsafe work due to COVID-19

Last week I returned to the office from a layoff, only to discover that my employer has not taken any steps to make the environment safe from COVID-19. Can I refuse to work until they put proper safety measures in place?

Employees have a fundamental right to work in a safe work environment. Employers are obligated to abide by health and safety regulations. Employees not only have a right to refuse but should refuse unsafe work.

LEARN MORE
• Has COVID-19 changed workplace safety
• Your right to refuse unsafe work

Segment starts at 27:41

NEXT EPISODE: Employment Law Show S5 E7 – Understanding Severance Pay

PREVIOUS EPISODE: Employment Law Show S5 E5 – COVID-19 Workplace Red Flags