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

If it’s too hot for non-unionized employees in B.C. to perform their job duties (i.e. an extreme heat 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 heat can become a legitimate workplace safety issue, British Columbians might be able to exercise their right to refuse unsafe work.

• Example: You are a groundskeeper in Vancouver. One day, an extreme heat 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 blistering 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. If you find yourself in this situation, reach out to WorkSafeBC.

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

In the event that 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.

Preventing heat stress

Forcing non-unionized employees in B.C. to work in extreme heat puts them at risk of experiencing heat stress.

Heat stress can cause serious illnesses, including dehydration, headaches, muscle cramps, fainting, heat rash, heat stroke, and heat exhaustion.

To ensure a safe work environment for staff during warmer conditions, employers should:

• Supply water to workers
• Provide additional breaks to employees
• Train staff to recognize symptoms of heat stress

Can my boss punish me for refusing to work in extreme heat?

In B.C., employers can’t punish or threaten to punish non-unionized workers for asserting their workplace rights.

• Example: You boss instructs you to work multiple hours outdoors during an extreme heat warning. You clearly state in an email why you feel that it would be unsafe for you to perform your job duties in the current temperatures. The company can’t make substantial changes to the terms of your employment to punish you for exercising your right to refuse unsafe work. Major modifications, such as a workload increase or pay cut, are illegal in the province.

If your boss disciplines you or threatens to discipline you for asserting your rights, that is a reprisal and you should contact our firm immediately.

SEE ALSO
• Employment Law Show: How to handle a bad boss
• Employment Law Show: Situations that trigger legal disputes

My boss is pressuring me to quit after refusing to work in extreme heat, what should I do?

While your employer might be upset 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.

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

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

LEARN MORE
• How to calculate severance pay
• Severance pay in a recession
• Should I negotiate my own severance package in B.C?

Already resigned?

If you were forced to quit your job for any reason, connect with an experienced B.C. employment lawyer at Samfiru Tumarkin LLP as soon as possible.

In addition to severance pay, you could be owed compensation for any damages associated with the end of your employment.

SEE ALSO
• Employment Law Show: Facts about forced resignations
• Wrongful dismissal in British Columbia: Your rights
• Employment Law Show: What your employer legally can’t do

Can my boss fire me for refusing to work in extreme heat?

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 are fired after refusing unsafe work, and your boss did provide you with severance, you still might be able to file a prohibited action complaint through WorkSafeBC.

Fired “for cause”?

In the event that 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.

Considered the “capital punishment” of employment law, your employer doesn’t have to provide you with a severance package and you won’t be able to access Employment Insurance (EI) benefits.

However, it’s very difficult for companies to justify this type of dismissal.

Not only does your boss have to prove progressive disciplinary measures were applied, but that a lesser penalty wouldn’t be acceptable.

LEARN MORE
• Severance pay for provincially regulated employees
• Rights to severance for federally regulated employees
• Employment Law Show: Facts about the termination process

Lost your job? Speak with an employment lawyer

If you are fired or let go after refusing to work in extreme heat, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in B.C., Alberta, and Ontario have helped tens of thousands of non-unionized individuals resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation you are owed.