Daniel Lublin, Employment Lawyer has recently written a couple of articles in his Globe and Mail column, where he answered a couple of readers’ questions regarding their employment issues. Here is what Daniel Lublin explains:

What can be done in case a client is threatening an employee and does the employer have an obligation to protect that employee?

  • An employer has an obligation to provide a safe workplace and to protect employees from workplace violence and harassment which includes threats from members of public. If employee’s safety is in jeopardy at work, he/she can leave the workplace and may even be entitled to damages.

What are the options in case unpaid vacation wages are not provided and employer decided to close down?

  • The employer cannot refuse to pay even if facing grim financial circumstances. Complain can be made to provincial Ministry of Labour or one can pursue in court, depending on the amount owed.

In case of a medical leave how long can my employer hold my job, and when I return can they refuse me?

  • The reinstatement after a long-term illness or disability is protected by human rights legislation; however there are two exceptions in which case the best is to consult with an expert.

What options would long term employee have in case employer decided to restructure and change employee’s responsibilities? Would he need to accept these changes?

  • The best option would be to meet with an expert to determine whether or not there are reasonable or unreasonable circumstances which would constitute constructive dismissal.

What can the Ministry of Labour do in a situation where the employer is creating a hostile work environment?

  • The ministry will only get involved to determine whether the employer has a workplace harassment policy in place in accordance with the Occupational Health and Safety Act. Employees may have recourse under the Ontario Human Rights Code if the harassment relates to a prohibited ground of discrimination or the civil courts if the conduct makes employment intolerable.

To read more of Daniel Lublin’s articles and find more information about your rights refer to the following articles: My employer isn’t protecting me, Will I get my job back after a long illness, and Our boss harasses us. What can we do?