Employment Law Show: Alberta & B.C. – S6 E20

Episode Summary

Do you have to accept a demotion? Are unpaid suspensions legal? Employment Lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP answers this question 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.

Listen to the Episode

Show Notes

• An employer offers demotion or resignation: Employers do not have the right to impose a demotion or another major change to the terms of employment onto an employee. Employees are within their rights to refuse a significant change and if they do so, their refusal can be accepted by their employer or they are owed severance if let go, through a constructive dismissal claim.
  • Changes to your job in Alberta
  • What happens when your job is changed in B.C.
• Put on a temporary layoff by an employer: Many employees have experienced a temporary layoff as a result of the pandemic. Employees do not have to accept a layoff if they did not initially agree to layoffs in an employment contract at the start of employment. Employees who have been laid off can treat their employment as terminated and decide to pursue severance.
• Unpaid suspension by an employer: Employers cannot put non-unionized employees on unpaid suspensions; it is illegal to do so. Paid suspensions are permitted by an employer as a means of disciplinary action. Employees have the option of accepting the unpaid suspension or can consider their employment terminated. In some cases, an employee has agreed to unpaid suspensions in their employment contract.
• Employer will not accommodate medical restrictions: Employers have a duty to accommodate an employee’s ongoing medical condition and possible conditions. A failure to accommodate can lead to constructive dismissal and possibly a human rights violation. Employees should ensure that the information they provide to their employer from their doctor is specific to their requirements.

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