Employment Law Show 980 CKNW – S5 E15

Episode Summary

Employment contracts, terminated before maternity leave, employment red flags, and more on Season 5 Episode 15 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

I’ve left my long-term job for a new company. After less than a year at the new job, I was let go. What are my options here?

It is important to remember that the severance an employee is owed in this situation takes into account how difficult it is to find new employment. Severance entitlements could arguably be more and employees should contact an employment lawyer in order to calculate what an adequate offer should be.

Why are employment agreements important?

Employment contracts detail an employee’s rights and what they are entitled to as well as policies that could potentially limit an employee’s rights.

Is it better to have a verbal agreement or an in-depth employment contract?

Employees benefit from verbal agreements instead of a detailed written contract as some contracts limit an employee’s entitlements to severance. Some contracts can limit an employee’s severance to solely the Employment Standards Act minimum entitlement.

What should employees look for in an employment agreement?

Employees should look closely at whether or not their employment contract has a termination clause, limits to severance, non-competition clauses, etc. At the start of employment, employers are more open to negotiation and employees should communicate their concerns.

My department is being shut down and I’m going to lose my job. I’m scheduled to go on maternity leave in a few weeks. What happens to my severance?

Maternity leave is typically a job-protected leave, and employees cannot be terminated for taking leave. Employees in this situation will still be entitled to severance and an employer would have to prove that the termination was not discriminatory.

What options do employees have if put on a performance improvement plan?

It is important for employees to ensure all communications with their employer are documented in writing. If an employee feels their employer’s criticisms are unfair or inaccurate, it is important to communicate their disagreement. Some employers will try and use performance reviews as evidence for a termination for cause.

Does an employee have to accept a demotion or relocation?

Employees do not have to accept a significant change to the terms of their employment and should communicate their concerns or refusal in writing. Employees that do not voice their concerns are can be seen as accepting the new terms.

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Constructive Dismissal

Should an employee who is already employed, sign a new contract?

Employees should think carefully before signing a new employment agreement and contact an employment lawyer before doing so. New contracts often include terms that seek to limit an employee’s rights particularly in regards to severance.

What options do employees have if their employers do not investigate harassment at the workplace?

Employees who do not feel heard by their employers can make a complaint with WorkSafe B.C. Complaints are sent to an investigator in order to discover whether or not an employer has policies in place in order to properly resolve harassment and abuse at the workplace.