Employment Law Show: Alberta & B.C. – S6 E21

Episode Summary

Can your employer ask an employee about their diagnosis? Should you resign instead of being fired? 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.

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Show Notes

• An employee in construction not given severance: It is a common misconception that employees that work in the construction industry are not owed severance. Severance for construction employees is calculated just as it would be for any employee. Severance is calculated based on the age of an employee, the length of employment and the position.
• Resigned before end of working notice: Employees that choose to leave before the end date of their working notice period have resigned and will not be owed any compensation. Severance is owed only to employees that are terminated without cause. In many cases, employees will be owed additional severance after the working notice period ends.
• Employer information while an employee is on medical leave: Employers do not have the right to know personal and private details about an employee’s medical condition. Employees are legally required to give an employer a doctor’s note regarding their prognosis and if possible, necessary accommodations at the workplace.
• Signing a new employment agreement: At the start of new employment, employees need to be mindful of elements beyond just a basic salary mention and benefits in their employment contracts. Employees should look for terminology that can limit future severance entitlements. Terminology regarding changes to a job or layoffs should also be looked for.

Need an employment lawyer?

• Pocket Employment Lawyer: Before you call a lawyer, use the Pocket Employment Lawyer to find out if you might have a case. 
• Severance Pay Calculator: Discover how much severance pay you should get when you lose your job, used successfully by nearly 2 million Canadians. 
• Watch our TV Shows: Get further clarity on your rights by watching our popular TV show episodes.