Employment Law Show 980 CKNW – S5 E13

Episode Summary

Myths about employment rights, severance for short service employees, and more on season 5 episode 13 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. Our firm shatters 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

Can employers use tracking devices for employees who are working remotely?

Employers are permitted to ask about employees’ whereabouts while during work hours however tracking devices can be complicated. Tracking devices collect data that might relate to individuals outside of work hours and that is not related to an employee’s position. Employees who are beginning new jobs should pay attention to whether or not they are consenting to their employers using a tracking app.

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Can my employer use tracking technology to monitor me?

I have my own equipment and some of my own clients. Am I currently an employee or a contractor if I work solely for one employer?

There is an in-between category called a dependent contractor; individuals in these positions conduct their own taxes and have their own deductibles, however, they still have a dependent relationship with another company.

Can employers ask employees who have been working from home to return to the office?

Once public health restrictions are lifted, employers are within their rights to ask employees to return to the office who have currently been working remotely due to the pandemic. Employees who wish to remain working from home should communicate their concerns with their employer and work towards a compromise.

Can your boss let you go if they don’t have a good reason?

An employer is within their rights to terminate an employee for no reason as long as their employee is offered an adequate severance package and the reason is not discriminatory. Employers should bear in mind that if there is no valid reason for terminating an employee without cause, it is best not to offer a false or inaccurate narrative.

Is a week per year an adequate amount of severance?

Employee’s severance entitlements are based on a number of factors including the length of employment, the position as well as the age of an employee.  Years of service are not the sole determinate factor.

Do you have to work at least 5 years for a large company to receive severance?

There is no specific time period that an individual has to be employed for in order to receive severance. The size of a company also does not determine whether or not an employee is entitled to severance.

Is a probation period automatic?

Employees have to specifically agree to a probation period at the start of their employment; it is not an automatic term of employment.

If you are on a contract, are you still entitled to severance pay?

An employment contract can be implied or written. If an individual is let go before the end of the agreed-upon contract, they are entitled to severance for the amount of time that is left on the contract.

What is the severance for an employee that has been let go after less than one year of employment?

The Employment Standards Act states the minimum severance an employee is entitled to, it does not take into account their full entitlements. Short service employees in British Columbia could be owed a disproportionate severance entitlement in comparison to a longer service employee as an employee could find it difficult to find new comparable work.

Are you entitled to severance if you’ve retired?

Employees who have been pressured to leave or retire are not a true retirement as it should be voluntary. Employees who have retired should look closely at the circumstances of their retirement. Employees who have retired and resigned voluntarily are not entitled to severance.

Is there a time limit to when an employee can ask for severance after being let go?

Employees have up to two years after the initial date of termination to pursue their severance entitlements. It is best for an employee to pursue their severance entitlements as soon as possible after the termination if adequate severance was not offered. Employees who were let go for discriminatory reasons have up to one year after the date of termination to pursue a human rights complaint.