Employment Law Show: Alberta & B.C. – S6 E22

Episode Summary

What is forced resignation? Can construction workers be laid off? 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

• Hired through a temporary agency and lost employment: It is important for employees designated as ‘temp employees’ to speak to an employment lawyer to determine their real classification. Despite being hired through a temporary agency, employees are still entitled to severance pay upon termination. A real temp employee does not work exclusively for a sole employer with a regular work schedule.
• Forced resignation by an employer: Employees have to make the decision to resign from employment completely voluntarily and without pressure from an external individual. Employers that have pushed an employee to leave have effectively terminated an employee and the employee is owed severance pay. In some cases, an employee has resigned due to a toxic work environment or intimidated by co-workers, this is also considered a termination.
• Construction worker laid off by employer: Construction employees have the same rights as other employees despite the industry that they work in. Employers do not have the ability to temporarily lay off employees. Employees do not have to accept a layoff and can treat the layoff as termination.

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.