Employment lawyer on employee rights while in a vaccine mandate protest

Interview Summary

With protests ongoing across the country as a result of vaccine mandates and policies, employees who are involved are raising concerns about their rights. Will employees who participate in these protests be they be fired? If terminated, will they be owed severance?

Dan Balkaran, a Vancouver employment lawyer and Associate at Samfiru Tumarkin LLP joins Jill Bennett on Global News Radio 980 CKNW to answer these questions and more.

Interview Notes

What should employees know if they are participating in a vaccine mandate protest?

An employer can terminate an employee for any reason at any time without cause, as long as adequate severance pay is offered. It is important to determine whether or not an employee can be fired for cause for being seen as part of a rally. For cause terminations ensure that an employee is not paid severance upon termination. In order to fire an employee for cause, an employer has to be able to prove that an employee’s behaviour and misconduct were serious and there were no alternatives other than termination.

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• Severance Pay in B.C

What factors could contribute to an employee’s termination if seen at a rally or protest?

Simply being seen at a protest would not be enough to warrant termination for cause, as the implication would be that political affiliation is enough for termination. Employees seen to be engaging in criminal activity or promoting hate speech and symbolism, however, can be terminated for cause. It is particularly important for employees who are partaking in a protest while wearing or representing their employer, to be aware of their conduct.

Could an employee argue that they are participating in a rally as a private citizen and not an employee?

It is important for employees to remember that despite their intentions, they can still be seen as a representation of their employer and company. Conduct that is serious and egregious can still lead to termination for cause.

Are employees still refusing vaccination policies in the workplace?

Many employees are still facing unpaid leave or termination. Employees should remember that while they can still be terminated by their employer unless there is a government mandate, must be given adequate severance pay upon termination.