Employment Law Show 980 CKNW – S5 E18

Episode Summary

Employee rights in regards to COVID-19 vaccines, NDAs, severance, and more on season 5 episode 18 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.

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Episode Notes

Can my employer force me to get a vaccine?

Ultimately, there does not seem to be a definitive answer regarding employees and mandatory vaccinations. In some cases, employers will be able to ask employees to be vaccinated depending on the workplace. Employers are currently unable to force an employee to be vaccinated however they can implement a vaccine policy.

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Can my employer force me to take a COVID-19 vaccine?

As variants continue to play out regarding COVID-19, will there be more severe requirements from employers?

Employees who have a medical condition, such as an allergy to the COVID-19 vaccine, cannot be requested to receive a vaccine and cannot be penalized for refusing to do so. Currently, we are unable to determine how variants will possibly change public health measures and how will that play into employee rights.

Employees should consider termination when accepting a new job.

Employees should be aware of their possible rights upon termination, particularly regarding their severance entitlements. Employees should look closely at their employment contract to determine whether or not there are termination clauses, and should speak to an employment lawyer before signing the agreement.

Employees should respond to any negative criticism in writing.

Employers often terminate employees for cause after repeated performance issues. Employees who feel performance reviewers were inaccurate should communicate their dissatisfaction as eventual proof for a wrongful dismissal suit.

If I agree to sign an NDA, will that incentivize my employer to give me a better severance package?

Employees should seek advice from an employment lawyer in order to determine whether or not the severance they have been offered is adequate. Generally, a non-disclosure agreement benefits an employer. Employees should ensure they have a good understanding of the agreement they are agreeing to sign.

Employees should make sure to keep all copies of relevant documents.

Saving documentation is important for employees, and is as simple as keeping e-mail records. Employment contracts should also be saved and held onto for possible future reference. Employees should also document events in the workplace, such as incidents of harassment or bullying in the workplace.

Employees should assume that their severance offer is inadequate.

Employees are rarely offered their full severance entitlements by their former employers. Severance entitlements are based on a number of factors, including an employee’s age, position and length of employment.

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• Severance in B.C
• Severance Pay in Ontario
• Severance Pay in Alberta

Employees should not sign a termination offer immediately.

Before agreeing to a severance offer, an employee should seek legal advice as terminology is often vague and can be overwhelming. Restrictions to an employee’s severance are often included or the severance offer is not adequate.