The Law can determine that you're fired!

A constructive dismissal is a termination by another name. It’s what happens when the law deems that you have been terminated even though nobody ever said, “You’re fired.”

Sometimes it's better to look for new employment

QUESTION: I have been working at a small business for 8 months. When I was hired as a receptionist I was promised that I would receive a raise. Not only have I not received a raise, my boss is one of the most ignorant human beings I have ever met. He is rude, arrogant and dismissive. Even customers have noticed the way he talks to me is outrageous. If I quit I will not get Employment Insurance. If I quit after only 8 months, I will have to explain to future employers why it didn’t last. Any suggestions?

Employment Standards Act layoffs, terminations and severance pay

The Employment Standards Act says that if you lay an employee off and keep their benefits going, so long as you call them back within 35 weeks, no termination has occurred. This does not apply to employees where the possibility of a layoff is not an accepted part of their terms of employment.
 

Employment Standards Act layoffs, terminations and severance pay

The Employment Standards Act says that if you lay an employee off and keep their benefits going, so long as you call them back within 35 weeks, no termination has occurred. This does not apply to employees where the possibility of a layoff is not an accepted part of their terms of employment.
 

WSIB and Mental Illness

Most workers in Ontario are clearly entitled to Workers’ Compensation payments if they lose income as a result of an injury or illness caused by work. When it comes to mental health issues, however, “illness” has always been defined as “an acute reaction to a sudden and unexpected traumatic event.” That is what the legislation says.

Accommodation before Termination

If you are an employer contemplating terminating an employee who has been off a very long time on disability, it is extremely important that you fully investigate the possibility of accommodating that disability before pulling the plug. Even if it turns out that a proper investigation of the employee’s medical status and consideration of work available would not have changed the decision to terminate, you can still end up on the wrong side of human rights legislation.

Can my employer ask me to take a lie detector test?

QUESTION: Recently a significant amount of cash went missing from the retail store where I work. Corporate head office has sent in investigators and they are asking us if we would “voluntarily” be willing to take a lie detector test. I am innocent but the thought of taking some sort of lie detector test gives me the creeps. Do I have to?
 

There is help available to deal with trans gender issue

Barbara Findlay wrote, “The notion that there are two and only two genders is one of the most basic ideas of our binary, Western way of thinking. Transgender people challenge our very understanding of the world. And we make them pay the cost of our confusion by their suffering.”

Good advice: never quit, wait to be fired. You get more.

Carrie worked as a bus driver in Alberta. She developed what is called “environmental urticaria”. This meant that exposure to fumes such as diesel fumes or perfumes caused hives, flushing, discomfort and facial swelling. In order to treat these symptoms she had to take antihistamines but the antihistamines caused drowsiness. Nobody likes a drowsy bus driver.

Who is an employee: the definition is changing

With more and more people working from home, consulting or freelancing, who is and is not an employee in the eyes of the law is becoming an increasingly complex question.