While there are exceptions, if a business advises its employees to stay at home as a precaution, employees should be paid. This is because the employer has contracted for the person’s services and the person is willing, capable, and able to work. Some instances in which this may not apply would be individuals who are subject to irregular shifts. This issue is further complicated by the fact that multiple areas of law apply including statutory provisions and contractual law (through employment contracts and related policies).
If you have any questions about your pay and/or benefit entitlements or are otherwise seeking legal advice with respect to your employment during the COVID era, whether relating to layoffs, being fired, or otherwise, please contact Toronto employment lawyers, Sultan Lawyers at 416-214-5111 or via email to khayward@sultanlawyers.com.