LAYOFF NOT LEGAL AFTER 22 YEARS

QUESTION: After 22 years of uninterrupted service, my employer has advised me that I am on temporary lay-off with no set date for recall to work.  While my boss was telling me this, he as much as admitted that they were simply trying to delay having to pay me severance.  Can they do this?

LONG TERM DISABILITY, RIGHTS AND OBLIGATIONS

When employees are ill for an extended period of time, the rights and obligations of employers can become a tricky issue.

OVERTIME - ARE YOU ELIGIBLE?

QUESTION: I am a manager at a hotel and a salaried employee.  While my pay cheque always indicates that I work 40 hours per week, it never changes regardless of how many hours I work. At one time, I did not really mind putting in the extra hours but there have been staff cutbacks recently and more and more hours have been demanded of me.  Am I entitled to overtime or paid time off in exchange for these overtime hours?
 

CONFIDENTIALITY CLAUSE - NOT EASY TO SUE

In almost every Minutes of Settlement or Release signed by the parties to resolve civil litigation, there is something called a confidentiality clause. This is especially so in the case of deals made to resolve wrongful dismissal suits. They usually look something like this:
 

BEFORE MOVING TO THE STATES, MAKE SURE YOUR ENTITLEMENTS ARE SET DOWN IN WRITING

One of the many ways that the globalization of the economy affects the working lives of individuals is international transfers. An employee who originally started working for a Canadian corporation is transferred to the United States to work for the American mother corporation. Usually, such a transfer is also a promotion and good news. People should be aware, however, that the rights they have as an Ontario employee do not always follow them when they move to a new corporation in the United States. Often, however, they do.
 

EMPLOYERS MUST BE CLEAR ABOUT TEMPORARY POSITIONS

A woman we will call Nadia got a job doing promotions with a Chamber of Commerce in British Columbia.  A few months after she started the job, she met with the president of the Board and advised that she would have to leave the position because she could not work with the Chamber of Commerce’s manager.  It was a small office of only 3 or 4 people. 
 

EMPLOYERS MUST BE CLEAR ABOUT TEMPORARY POSITIONS

A woman we will call Nadia got a job doing promotions with a Chamber of Commerce in British Columbia.  A few months after she started the job, she met with the president of the Board and advised that she would have to leave the position because she could not work with the Chamber of Commerce’s manager.  It was a small office of only 3 or 4 people. 
 

EMPLOYERS MUST CONSIDER INDIVIDUAL NEEDS TO AVOID CONSTRUCTIVE DISMISSAL SUIT

A “constructive dismissal” is a termination where nobody every says “you are fired”. An employer does have the right to change minor aspects of the employment relationship without notice.
 

EMPLOYERS MUST CONSIDER INDIVIDUAL NEEDS TO AVOID CONSTRUCTIVE DISMISSAL SUIT

A “constructive dismissal” is a termination where nobody every says “you are fired”. An employer does have the right to change minor aspects of the employment relationship without notice.
 

HOURS OF WORK AND BREAKS

QUESTION: I have a fairly labour intensive job.  I usually get a half hour lunch in every 8-hour shift. For production scheduling reasons, my employer has recently told me that instead of one 2 hour break in the middle of my shift, I must move to 2 breaks; one break of 10 minutes after 2 hours and another break of 20 minutes after 3 hours.  I don't like it.  Do I have to do it?