Employment Law Show: Alberta & B.C. – S7 E07

Episode Summary

Do employees have to accept a severance offer by a deadline? 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, as the show takes calls from listeners and provides vital answers to employees and employers.

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Show Notes

• Shift to work remotely: Employees asked to work from home after solely working in the office, do not have to accept this change. Major changes made to your employment can be deemed a constructive dismissal. Employees that worked remotely as a result of the pandemic and are now being asked to return to the office, must do so. A refusal to return to the workplace can be considered job abandonment.
• Severance package deadline: After an employee is terminated, employers typically offer severance pay and insist on a deadline to accept. Severance deadlines are a pressure tactic used by employers. Employees have up to two years after the initial date of termination to pursue their rights. Before signing a release, employees should seek legal advice from an employment lawyer.
• Asked to sign a new contract: Employees should be wary if asked to sign a new employment contract, particularly if they have been employed for many years. Employment contracts can limit many employee rights and allow employers to implement significant changes to an employee’s position.
• Terminated due to medical leave: Employers cannot penalize or terminate an employee for taking sick leave. Employees should provide their employers with a doctor’s note detailing their possible prognosis. Employers are not entitled to know private details about an employee’s medical condition, such as a diagnosis.

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.