Employment Law Show 980 CKNW – S5 E11

Episode Summary

Severance deadlines, returning from maternity leave, and more on season 5 episode 11 of the Employment Law Show on Global News Radio 980 CKNW in Vancouver.

Listen below as a Vancouver 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

My employee is returning from maternity leave but there is no position available. What are my obligations?

Employers do have an obligation to provide a position or comparable position for an employee returning from maternity leave. If there is no comparable position available, employers have to offer an adequate severance package.

Can my employer terminate my employment if I haven’t done anything wrong?

Employers are permitted to terminate employees without a reason provided they have offered the employee an adequate severance package.

Why do employers often offer less severance than an employee is entitled to?

Employers are often unaware of what the full severance entitlements are for most employees. The Employment Standards Act outlines an employee’s minimum entitlements and often employers based their severance packages off of the ESA.

Do employees have to accept a severance deadline?

Severance deadlines are typically implemented by employers in order to pressure employees to sign a termination release. Employees are within their rights to ask for more time from their employers before agreeing to a severance offer.

I was let go almost two years ago by my previous employer. I have an injury and a slight medical condition and my needs were not accommodated. I was offered two weeks severance. What should I do?

Employers have a duty to accommodate employees with a medical condition. Refusing to implement accommodations can be considered a human rights violation. Employees have a limit of one year to pursue a human rights complaint. Employees can pursue their severance entitlements for up to two years after the date of termination.

I’m going to resign from my position after eleven years of employment. Can my previous employer pursue me for losses?

Employees should give proper notice to their employer in order to maintain a cordial relationship however there is no legal obligation to do so. Employees who have a non-competition clause in their employment contract should contact an employment lawyer to ensure.