Employment Insurance Benefits
29th Jul 2013
It is one of workplace law’s newest phenomena, but it is also often a charade: Employers, happy to unburden themselves from the various costs and liabilities associated with hiring and managing a work force of employees, are increasingly retaining “contractors” to perform much of the same work that their employees did before. more
By : whittenlublin | Category : Cause for Dismissal, Constructive Dismissal, Employment Contracts, Employment Insurance Benefits, Human Rights and Discrimination, Reasonable Notice, Severance Packages, Statutory Complaints, Wrongful Dismissal | Comments Off on Is it legal to lay off a worker on maternity leave?
15th Jul 2013
I have been on maternity leave for about a year. Two weeks before my scheduled return to work, I was informed that, because of some restructuring within the organization, my role is changing and that I have the option to return or take a severance package.
The details of the package were e-mailed to me and the package will be equivalent to around four months of my salary (which I think is generous considering I only joined the company in May, 2011). In terms of the changes to the job should I choose to return, I will require more “technical” skills, but the rest of the requirements are pretty much the same.
Is this legal? more
Employment contracts are becoming the biggest loophole in workplace law – but that loophole only works for employers.
Companies, with acute knowledge of how employment contracts can operate to their advantage, are increasingly requiring staff to sign one-sided agreements that reduce their legal rights.
These employees – most without any bargaining power, or worse, without an understanding of the law – often do not realize their legal interests are being undermined.
But if the law permits employers to do it, then why would they not try to prevent expensive lawsuits, large severance packages and competition from former employees, all with the stroke of a pen? more
I am returning to work after a year-long maternity leave, and my company is planning to lay off a significant number of employees in the next two months. I will probably lose my job.
I received a top-up of around $7,000 for my mat leave. I’m required to come back for six months, and if I don’t return of my own choice, I need to pay that back. If I’m fired, can the company still expect me to pay this back? Can they subtract it from my severance pay? And do severance packages always count as insurable time if I need to go on employment insurance? more
I work for a company and I am currently on a parental leave. The division of the company I work for has since been shut down and I have no job to return to.
Since I am on leave, I heard this news from a colleague at a different company – no one (not even human resources) reached out to me to advise me of the closure. I contacted HR to find out exactly what was going to happen to me. HR advised that most likely no “like positions” would be available to me when I return and I would be given a severance when I do “try” to come back. I was not told the exact dollar figure of the severance, although I think this is important information for me to know.
Shouldn’t the company tell me exact figures of a potential severance package and secondly, shouldn’t they be obligated to provide me a position with a similar salary upon my return? more
18th Nov 2012
Seldom will a temporary illness justify dismissal. But what happens when a sick employee may never return to work? Can employers discard employees they view as festering on their disability insurance or must they keep their jobs available for an indefinite period of time? According to a recent Ontario case, employers may have more latitude than you think. more
7th Oct 2012
I started a new position almost six months ago. At the time, I received a written offer of employment that stated several benefits including receiving health and dental benefits after three months and employer-paid RRSP contributions after six months. Now approaching the six-month mark, I have yet to receive my health and dental benefits, despite repeated requests to my direct supervisor and human resources. Is an offer of employment considered a contract? If so, what options do I have? I’m worried staying with my employer assumes I accept this violation of their offer. more
By : whittenlublin | Category : Employment Insurance Benefits, Severance Packages, Unionized Employees & Duty of Fair Representation Complaints | Comments Off on Can I be denied workplace benefits because I’m over 65?
I am over 65 years, and still working with a company I like and involved in a job I enjoy. The company recently changed their retirement policy, and those over 65 can opt to remain working, with most of the usual benefits offered by the company, but there are no income replacement benefits for those over 65. Would this not be considered a form of “ age discrimination”? more
30th Sep 2012
Most employees cling to beliefs about workplace rights they gleaned from media, friends or researching on the Internet. However, many of these “perceived” rights often do not exist. Here is a list of some common misconception. more
You cannot be fired because you are sick, but employees who do not work are not entitled to pay unless it is guaranteed in their employment contract. more