Employment Law Show 980 CKNW – S5 E4

Episode Summary

Harassment in the workplace, withholding vacation pay, and more on season 5 Episode 4 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.

Listen to the Episode

Episode Notes

My employer has offered me a buy-out package. Should I take it?

Employees should be careful before accepting or volunteering to accept a severance package from their former employer. Severance entitlements should not be decreased due to the fact that the package was voluntary or if an employer is facing financial difficulties.

Are you entitled to severance if your contract is not renewed?

if an employee is on a fixed-term contract and the contract does not state there will be a renewal, after the term ends, there are no severance entitlements available. However, individuals who have had multiple fixed-term contracts that have been renewed, at the end of the renewal period, could be entitled to severance and notice.

I was not offered vacation pay in my severance as am a commission-based employee. Is this right?

Employees that are made to sign a contract after they have already begun employment should receive something in return for signing. Employees are entitled to a certain amount of vacation pay under the Employment Standards Act. Employees who are not compensated with their vacation pay can file a complaint.

What is considered harassment in the workplace?

According to WorkSafe BC harassment is considered inappropriate conduct or comments by an individual towards an employee that is considered unwelcome or can cause humiliation. Harassment does not have to be severe to be investigated and reported. Employers are obligated to maintain a safe work environment and investigate claims of harassment and resolve the situation.

What should employees who feel harassed at the workplace do?

Employees who feel they are unable to work due to harassment should contact an employment lawyer to consider their options. Incidents should be recorded in writing by an employee and file a formal complaint with the necessary department.

My employer slowly pulled away all the benefits at my job and started abusing me at work. He says I quit but I believe I was fired. What do I do?

Employees who resign due to harassment and abuse can claim constructive dismissal and can pursue their severance entitlements. Resignations have to be voluntary and cannot be forced by an employer.