Employment Law Show: Alberta & B.C. – S6 E23

Episode Summary

Can you be placed on a temporary layoff? Do you have to accept a major change in schedule? 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

• Training a replacement before termination: From a business and ethical perspective, it is not right for an employer to force an employee to train their future replacement. Legally, an employer is permitted to terminate an employee for any reason as long as adequate severance pay is offered. Employees often mistakenly believe that a wrongful dismissal occurs due to the reason for their termination when in fact, it is a result of inadequate severance pay.
• Placed on a temporary layoff by an employer: During the pandemic, many employees faced being placed on a temporary layoff. Employees do not have to accept a layoff and can treat it as a termination of employment and pursue their severance entitlements. A temporary layoff is effectively unpaid leave and is considered a termination. Employees
• Major shift changes by the new owner of the company: Employees that have been hired by the new owner of their previous company and have not signed a new contract are entitled to the same position that they had previously. A major change to the terms of employment must be consented to by an employee and if not, can lead to constructive dismissal.

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.