Employment Law Show 980 CKNW – S5 E1

Episode Summary

COVID-19 layoffs, employment contracts, duty to accommodate, and more on Season 5 Episode 1 of the Employment Law Show on Global News Radio 980 CKNW in Vancouver.

Listen below as an 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.

Listen to the Episode

Episode Notes

I was laid off last year and told I would be recalled soon. But that hasn’t happened. What do I do?

Employees do not have to accept a temporary layoff and instead can pursue their severance entitlements and treat the layoff as a termination. Employers are not legally permitted to lay off an employee temporarily unless it was an agreed-upon term of employment.

My doctor has told me I need to work from home as I have a medical condition. My employer refused to let me work remotely. Is this allowed?

Employers have a duty to accommodate an employee who has a confirmed medical condition. A failure to accommodate is potentially a human rights violation as well as potentially a termination if an employee is forced to take a leave of absence.

Employees should speak to an employment lawyer when unsure of their rights.

It is important for an employee to speak to an employment lawyer regarding their rights as misinformation is often circulated. It is also important to remember that in regards to severance entitlements, the Ministry of Labour can only advise individuals on their minimum severance entitlements.

Employees on a temporary layoff should not simply wait to be recalled to work.

Employees who wait to be recalled from a layoff are assumed to accept the new terms and give their employer the right to implement a layoff in the future. Employers are not permitted to lay off an employee unless they have initially agreed to it.

As a small business owner, how do I protect myself and instill proper policies in the workplace?

It is important for an employer to have an employment contract that includes a term that allows an employee to be laid off temporarily, a termination provision, as well as a term that can make changes to job responsibilities. Non-competition clauses and non-solicitation clauses are also important.

Employees should not sign a new employment agreement, while already employed.

Employees are better served without a written employment contract as employment contracts are significant in preserving an employer’s rights. Employees should be wary in signing a new agreement as typically the new contract contains terms that limit an employee’s rights.

Employees should not assume they are independent contractors.

Employees are often misclassified as independent contractors when they are in fact employees. Individuals who are wrongfully classified are not able to access certain entitlements, such as severance pay.

Are seasonal employees owed severance at the end of their employment?

Employees should be provided with a contract that stipulates a clear end date as well as an early exit clause if an employee’s length of employment ends before the original end date. If an employee continues to work past the end date of a fixed-term contract, they are considered to be an indefinite employee and will be owed severance upon termination.

Employees should not accept changes to terms of employment.

Employers cannot change the fundamental terms of employment such as compensation, position or schedule, without an employee’s consent. Employees who accept the changes have given their employer permission to implement changes again. Significant changes to the terms of employment can be considered reasons for construction dismissal.

My company is shutting down for a few weeks and we’ve been told to take that time as a vacation. Can they do this?

An employer is permitted to schedule an employee’s vacation as long as the employee is paid during that time period.

Employees should not accept medical accommodation that doesn’t follow their doctor’s recommendation.

It is important for employees to follow their own doctor’s advice and be wary of following directions from their employers if it is in direct conflict with medical advice. Employers have a duty to accommodate an employee’s medical needs.