Employment Law Show: Alberta & B.C. – S7 E06

Episode Summary

What can an employer do that is considered illegal? 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

• Employer requests independent medical exam: Employers cannot refuse to acknowledge a doctor’s note and cannot require an employee to seek additional medical examinations. Employees that have been terminated or penalized as a result of taking medical leave could pursue human rights violations.
• ESA and common law entitlements: Employers often wrongfully dismiss employees. Many employers account for an employee’s entitlements under the Employment Standards Act, but not their full common law entitlements. Common law provides the bulk of an employee’s severance entitlements based on their age, years of service and position.
• Placed on a temporary layoff: Despite being a good business reason, employers cannot place employees on a temporary layoff. Temporary layoffs are not legal and employees can choose to treat their employment as terminated. Employees that initially accept a layoff have given their employer permission to implement another layoff in the future.
• Distinguishing between contractor and employee: Many employers mistakenly classify their employees as independent contractors. Employers cannot decide to classify employees as contractors. Employment law dictates whether or not an individual is an employee and entitled to employee rights and privileges.

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