The Employment Law Show

Episode Summary

THE RISKS OF MISCLASSIFYING EMPLOYEES AS CONTRACTORS, a forced layoff, accommodations refused and more on Season 9 Episode 11 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 Canada’s only employment law show on TV and radio.

Episode Notes

Employer places the employee on an improvement plan

I was put on a performance improvement plan and told I had a few months to improve or else. This was out of the blue and I thought I was doing well. I’m worried I could lose my job.

• Performance management: Employees who believe criticism is unfair should voice their disapproval in writing to the appropriate parties. Employees who do not voice dissent appear to accept performance critique, even if it is unfair.

Employer forces a temporary layoff

My employer first asked me to agree to reduced hours, and then I was placed on a temporary layoff. I work in office administration.

• Placed on a temporary layoff: Employers do not have the right to reduce employees’ hours or pay significantly; this can be treated as a termination of employment. Similarly, a temporary layoff does not have to be accepted by employees. Employees who agree to be placed on a temporary layoff have given their employer permission to do so again at a later date.
  • Learn more about severance...

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