Employee Rights When Over-employed: 980 CKNW Interview

Interview Summary

The concept of ‘quiet quitting’ seems to have taken many workplaces by storm as a result of burnout and increasing workloads for employees. But have some employees opted to work multiple jobs? What can employers and employees do to better protect their rights?

A Vancouver employment lawyer at Samfiru Tumarkin LLP spoke with Jill Bennet on 980 CKNW to answer these questions and more.

Interview Notes

• Over-employment and multiple full-time positions: There are potential concerns for employees who have multiple positions. Employees should be wary of taking on too many responsibilities and jobs as it can seem as if they have now become a contractor. Contractors as opposed to employees do not have the same rights and protections.
• Disadvantages to being a full-time employee for multiple jobs: It is very unlikely that an employee will be able to have multiple full-time jobs without an employer discovering the other job. Many employment contracts set out clear provisions regarding an employee’s duties and attention for regular work hours. Not abiding or breaching a contract can lead to a termination for cause.
• Jobs with conflicting interests or in different spheres: For any employee that requires a full-time work day for their job, the field of each position ultimately will not matter. Employees in a senior or management position might also be held to a higher standard and should be wary of working for a potential competitor.
• Need for another job due to rising cost of living: The concept of over-employment is not a new term or phenomenon. There are many employees who need to work multiple jobs. Employees should ensure that they are fulfilling all of their responsibilities and remaining efficient at their place of work.
• Inefficiencies at work due to a second job: Working another job in and of itself is not grounds for a termination for cause. Employees that do have a contractual position or work for a competitor could give their employer grounds for immediate termination.
• Employees’ right to a holiday for the Queen’s funeral: Ultimately each provincial government will have to determine whether or not the funeral is a statutory holiday.