You remain an employee of the company when you are on disability or maternity leave. You may return to your original or a comparable job. Your employer cannot fire you for being on leave. If they do, then they must prove that it was for reasons not connected to your leave. Our courts will demand evidence and the bar is set very high, indeed.

 

If your leave extends beyond two years, your employer can fire you by declaring the employment relationship “frustrated”. And in this event, you should consult with one of our lawyers.

When your employer decides to let you go they must offer you fair notice that your job is ending. You can use this time to look for alternative work while earning a salary.

 

Alternatively, your employer can offer you severance pay in lieu of this notice period.  The Employment Standards Act 2000 outlines the minimum standards for notice and severance pay. However, if your employer terminates you without cause then you could receive an additional level of financial compensation. The circumstances of your employment come into play to determine the fairness of your severance package. We review four basic issues;  Your age, your position, length of service and how long it will take you to find another job. If you are close to retirement and at a senior point in your career, chances are you will find some challenges to land an equivalent job any time soon. And in this case, your severance should be much higher than the minimum set out in the ESA 2000.

This sometimes occurs when new owners take over a company with existing employees.  They start announcing the “new order” and all of a sudden the terms of your employment change.  This includes seniority, job descriptions, location and hours of employment, etc.   It may even include wage cuts.  If these changes are necessary for the survival of the business then your boss has to provide you with options.  He cannot unilaterally change the terms of your employment.

• In exchange for the wage cut, they should offer you equivalent “consideration” .Examples are more vacation time, signing bonuses, reduced hours etc
• If these changes are not acceptable to you, then your employer must offer you an adequate severance package to end your employment relationship.

This is one of the most contentious employment issues of our times. Lecker & Associates fought a precedent setting case which clarified laws that remained open to interpretation before. If you are an “Independent Contractor”, then you must remain fully in control over your work assignments.  Essentially, you would operate like a business. Many project based contractors operate in this manner. They pay their own taxes and generally use their own resources (tools & equipment, etc.); they can set their own hours and also hire employees to complete portions of the work. Often, fees charged by contractors are higher than wages for hourly employees.

You should question the motives of any employer who has hired you as a “dependent contractor”. They may be skirting the law. They might be avoiding paying out your CPP, EI and severance benefits. Contact one of our lawyers for an assessment of your case.