Can employers in B.C. force staff to work if it’s too cold?

If it’s too cold for non-unionized employees in B.C. to perform their job duties (i.e. an extreme cold warning is in effect), employers can’t force staff to work.

The province’s Workers Compensation Act requires businesses to provide a safe work environment for their employees.

Since extreme cold can become a legitimate workplace safety issue, British Columbians might be able to exercise their right to refuse unsafe work.

• Example: You are a construction worker in Surrey. One day, an extreme cold warning is issued for the city. Despite the warning, your boss instructs you to continue working. Since you would have to spend multiple hours outdoors in frigid conditions, there is a very good chance that you would be able to exercise your right to refuse unsafe work — making it illegal for the company to force you to continue working.

If you believe that it’s unsafe for you to perform your job duties in the current temperatures, inform your employer in a letter or email immediately.

Unfortunately, some companies refuse to take the appropriate steps to provide a safe work environment. In this situation, reach out to WorkSafeBC.

• SEE ALSO: Can employers in B.C. force staff to work if it’s too hot?

If you are punished or fired for exercising your right to refuse unsafe work, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We can review your situation, assess your legal options, and help you secure the compensation you deserve.

WATCH: Employment lawyer Lior Samfiru explains several things employees shouldn’t do before seeking legal counsel on an episode of the Employment Law Show.

Protecting workers during extreme cold warnings

In the event of an extreme cold warning, there are a variety of ways that employers in B.C. can provide a safe work environment for staff, including:

• Making sure workers are taking frequent breaks to warm up
• Providing staff with clothing that keeps them warm and protects their skin from the cold (i.e. hats, jackets, gloves, boots, etc.)
• Offering employees alternate tasks that don’t require them to work in the cold

Can my boss make major changes to my job if I refuse to work in extremely cold conditions?

Employers in B.C. can’t make substantial changes to a non-unionized worker’s job for asserting their workplace rights.

Major modifications, such as a demotion, workload increase, or pay cut, are illegal in the province.

If unwanted changes are made to the terms of your employment for refusing to work during an extreme cold warning, or for any reason, there is a very good chance that you could treat it as a constructive dismissal.

In this situation, the law allows you to quit your job and pursue full severance, which can be as much as 24 month’s pay.

However, you shouldn’t resign before a member of our team confirms that you have been constructively dismissed.

ADDITIONAL RESOURCES
• Should I negotiate my own severance package in B.C.?
• Rights to severance for provincially regulated employees
• Severance pay for federally regulated workers
• Wrongful dismissal in British Columbia: Employee rights

Can I be pressured to resign after refusing to work in extremely cold conditions?

No matter how upset your employer is that you exercised your right to refuse unsafe work, the company can’t pressure or force you to resign.

If your boss is influencing you to step down, document their attempts. Keep any letters, emails, or text messages that show how your employer is pressuring you to quit your job.

LEARN MORE
• Employment Law Show: Facts about forced resignations
• Can employers in Alberta force workers to resign?
• Employment Law Show: Situations that trigger legal disputes

Once you’ve gathered all of the relevant documents, don’t resign before contacting Samfiru Tumarkin LLP. You might have grounds for a constructive dismissal claim.

Can my employer fire me for refusing to work in extremely cold conditions?

Employers in B.C. can fire non-unionized workers for any reason, as long as they are provided full severance pay and the reasons for their dismissal aren’t discriminatory. This is known as a termination without cause.

If you refuse to work, and the current conditions aren’t creating an unsafe work environment, this could be seen as insubordination — potentially justifying a termination for cause.

In this situation, your boss doesn’t owe you a severance package and you won’t be able to access Employment Insurance (EI) benefits.

However, to justify firing you for cause, the company must prove progressive disciplinary measures were applied and that a lesser punishment wouldn’t be acceptable, which is very difficult to do.

In our experience, most non-unionized employees don’t meet the conditions necessary for this type of dismissal and are entitled to severance pay.

SEE ALSO
• Can I be fired in B.C. if I’m late to work due to the weather?
• Do I have to look for a new job after getting fired?
• Can I get my job back if I’m fired?
• Employment Law Show: Facts about the termination process

Workplace issue? Contact us

Since 2007, the experienced employment law team at Samfiru Tumarkin LLP has helped tens of thousands of non-unionized individuals resolve their workplace issues.

Whether you’re in B.C., Alberta, or Ontario, our lawyers can review your situation, enforce your rights, and ensure that you receive the compensation you deserve.

Disclaimer: The materials provided in this article are for general informational purposes only and DO NOT constitute legal advice. For advice specific to your situation, please consult a legal representative at Samfiru Tumarkin LLP.