Employment Law Show 980 CKNW – S5 E2

Episode Summary

Situations that trigger employment conflicts, termination for cause, contractors, and more on season 5 Episode 2 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

What can happen if an employee is caught on social media misbehaving? Can they be fired?

An employee can be terminated for any reason, even if the behaviour that is illuminated takes place outside of the workplace, as long as adequate severance is offered. Terminations for cause are typically difficult to prove.

Employers should be wary of terminating for cause immediately.

Employers should implement other disciplinary measures before terminating an employee for cause as terminations for cause are difficult to prove. In order to pursue termination for cause, employers have to be able to prove serious misconduct exhibited by an employee.

Employers should not misclassify employees as independent contractors in order to save money.

Employees are often misclassified as independent contractors and are not entitled to employee rights, such as vacation pay and severance entitlements. Employment law ultimately decides whether or not an individual is an employee, not the employer.

What is a dependent contractor and what are they entitled to?

Individuals who set their own schedules and have their own equipment but still work largely for one company are considered to be dependent contractors. Dependent contractors could still be entitled to severance.

Employers should be wary of terminating an employee while on maternity leave.

Employees can be terminated on maternity leave for reasons that are not related to their pregnancy. Terminating employees on maternity leave often leads to disputes due to the optics of the termination.