Employment Law Show 980 CKNW – S5 E12

Episode Summary

Reprisals, a refusal to pay vacation, non-competition clauses, and more on season 5 episode 12 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.

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Episode Notes

I’ve worked for the same company for 20 years. Four years ago I quit and after 2 months I returned. I just lost my job now and was told I was only a 4-year employee. Is this right?

It is important to take into account the absence from the position and how long or short it was. If the period away from the job was brief, it can often be disregarded. This is important to remember in calculating a severance entitlement.

Learn More
Severance Pay in BC

I’m a bookkeeper at a dental office and usually work remotely. My employer is not asking me to work at the office. I refused and was told I had resigned. What do I do?

Employers are not permitted to change the terms of employment of an employee without their consent. Employees are within their rights to refuse proposed changes and cannot be considered to have resigned. If an employer does not accept an employee’s refusal, that is a termination without cause.

What is a common example of reprisal?

Employees can communicate their concerns or file complaints about a lack of proper compensation without the fear of their employer’s retaliation. Employees who file complaints regarding workplace harassment also cannot be penalized for doing so.

My wife worked three days a week and hurt her foot at work. She was off for a day and was informed she had resigned. What should she do?

Employers who terminate employees for a medical condition or injury could potentially be violating an employee’s human rights.

What should employees do who feel they have been penalized for enforcing their rights?

Employees should contact an employment lawyer as soon as possible as a reprisal is illegal. Employees should first try and communicate their concerns to their employer and always stand up for their rights. It is important to make sure all communications regarding the concerns are in writing so that there is a written record.

I quit my job because my employer owed me vacation and overtime pay. What can I do to get what he owes me?

By refusing to pay an employee their proper compensation, an employer is effectively terminating that employee’s employment. Employees who have not been paid adequately can pursue a constructive dismissal and in so doing, their severance entitlements.

What is a non-competition obligation?

A non-competition obligation is a term in an employment agreement that stipulates if an employee no longer works with a company, they cannot work for a competitor for a specific time period and geographical location. Most non-competition clauses are not enforceable as it makes future employment possibilities difficult for employees.

When are non-competition clauses enforceable?

Non-competition clauses are often enforceable for senior executives such as vice presidents, or CEOs as a former employer’s business could be hurt.

Watch to Learn More
Employment Law Show S5 Episode 23 – Non-competition Clauses

Are non-solicitation clauses enforceable?

For the most part, non-solicitation clauses are enforceable. It is important to look closely at an employment contract and the terms included before signing and agreeing to the contract.

I’ve been on disability leave for six months and my employer is pressuring me to return and that they can’t keep my job for longer. What do I do?

Employees on a disability leave should focus on their recovery. Employers do have a legal obligation to try and take back employees returning from a disability leave.