Employment Law Show 980 CKNW – S5 E16

Episode Summary

Employee vaccinations, returning to the office, disconnect from the workplace, and more on season 5 episode 16 of the Employment Law Show on Global News Radio 980 CKNW in Vancouver.

Listen below as a Vancouver employment lawyer at Samfiru Tumarkin LLP reveals your workplace rights in British Columbia on the Employment Law Show. They shatter myths and misconceptions about severance pay, terminations, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, and more.

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Episode Notes

Can my employer force me to get vaccinated?

Employers currently can’t force employees to receive a COVID-19 vaccine, it is completely voluntary. Employers are permitted to set policies that ensure employees who are not vaccinated remain on leave in particular settings such as a restaurant or long-term care home.

Can your employer fire you for not getting vaccinated?

Employees who refuse to be vaccinated under protected grounds, such as for a medical or religious reason, cannot be penalized or terminated. Employers who penalize employees for exercising their beliefs or for following medical advice are violating their human rights. Employees can be terminated for simply not wanting a vaccine as long as they are offered adequate severance.

My former employer deducted half of my severance package for tax purposes. Is that legal?

Often when severance is paid out, it is taxed as if an employee has earned that amount for the entirety of the year. Ultimately, it should even out. Before accepting a severance offer, it is important to contact an employment lawyer.

Can an employee refuse to return to work if their employer requests them to?

Employers are permitted to ask employees to return to the office as well as shift the workplace to remote. There are some exceptions, such as employees who have medical conditions and have their doctor’s approval to remain at home.

What is the right to “unplug” and its relation to employee rights?

As more employees continue to work remotely, many have felt obligated to respond to their employer or work outside of regular work hours. This has created some concerns over employees’ well-being and mental health and their ability to disconnect from the workplace at home.

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Lior Samfiru on an employee’s right to disconnect

What should employees do who feel unsafe at the workplace?

Employers have an obligation to provide a healthy and safe work environment for all employees. Employees who feel unsafe or have concerns regarding the workplace should communicate their worries to their employer and if necessary, refuse to work. Once an investigation and the necessary steps are taken to ensure a safe workplace, employees are obligated to return to work.

When should you call an employment lawyer?

Employees who have been fired should contact an employment lawyer as employees are often not offered an adequate amount of severance. It is also important for employees to seek legal advice when they first receive an inaccurate performance review as employers typically use a review as a reason to terminate an employee.

My wife was fired as she was accused of stealing. I spoke with many lawyers and no one wanted to take her case as she made minimum wage. Does it depend on an employee’s wage?

Contingency fees exist in order to help those that might not be able to afford legal fees and do want to pursue legal action.