The Employment Law Show

Employment Law Show: Alberta & B.C. – S7 E05

Episode Summary

Do you have to accept being placed on unpaid leave? 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

  • Refused return to work after disability leave: Employers must try an accommodate an employee’s medical condition or disability up until the point of undue hardship. An employer’s refusal to accommodate can be considered a human rights violation. Employees should not feel pressured to forgo medical advice and ultimately seek legal counsel from an employment lawyer.
  • Put on a layoff due to vaccination status: Employees do not have to accept a layoff by their employer unless they have agreed to layoffs previously or in an employment contract. Employees can choose to treat their unpaid leave or temporary layoff as a termination and pursue their severance.
  • Fired due to false accusations: Employers are within their rights to terminate employees for any reason, as long as adequate severance is offered. It is far more difficult to terminate an employee for cause. Terminations for cause are difficult to prove and must only be implemented due to an employee’s serious misconduct.
  • Starting a new position after long service in employment: It is important when starting a new job to look closely at the terms outlined in a new employment agreement. Employees do not have to accept being placed on a probation period and can negotiate new terms. Employees unsure about their rights should seek advice from an employment lawyer before signing an employment contract.

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