Employment Law Show: Alberta & B.C. – S6 E13

Episode Summary

What can your employer legally do? What are fixed-term contracts? Employment Lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP answers those questions and more on the Employment Law Show. 

LISTEN BELOW to Western Canada’s only radio show about your employment rights in the workplace, every Sunday at 4 p.m. PT on 980 CKNW in Vancouver, and 5 p.m. MT on 770 CHQR in Calgary and 640 CHED in Edmonton, as the show takes calls from listeners and provide vital answers to employees and employers.

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Show Notes

• Summer job offer rescinded on the day of the start of employment: It is important to remember that employers who rescind a job offer could face legal and financial consequences. Employees that are terminated before the end of a contract must be paid the balance of the contract. It does not matter whether or not an employee ever worked a day for the potential employer. A fixed-term contract ensures that an employee is terminated before the end date of the contract, and is owed the balance.
• Returning to work with workplace accommodations: Employers are obligated to provide possible accommodations for employees returning from a medical or disability leave. Employers cannot keep an employee off of work if they are medically cleared to return to their job. Refusing to accommodate an employee or terminating an employee as a result of a medical condition is considered a human rights violation. Employers that genuinely do not have a job available for employees must pay adequate severance pay.
• Limits to what an employer can ask from an employee: The terms of an employee’s job are typically set at the start of employment. Once terms are set, an employer has very limited flexibility to change the fundamental terms of employment. While minor changes are permitted, significant changes to an employee’s job without consent can lead to constructive dismissal.
• Employee changes to their job while on maternity leave: An employee that has taken maternity leave must resume their original job upon a return from maternity leave. Employees do not have to accept major changes to their job. Employers have a legal obligation to bring an employee back to the same job and if that is not possible a comparable position.

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