Employment Law Show: Alberta & B.C. – S6 E08

Episode Summary

Can your employer change your work schedule? What can an employer know about a disability leave? Employment Lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP answers those questions 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.

Show Notes

• Change to terms of employment: Lior explains whether an employer can make changes to an employees work schedule in Alberta or B.C., and if the worker has to accept it.
• Lior discusses workplace harassment: An employee was accused of harassment and put on paid leave while the company did an investigation. However, after receiving no further updates for weeks, Lior answers whether this employee is entitled to severance pay.
• What are the steps to going on a disability leave? Lior explains that providing an official doctors note to your employer is the only step needed to go on disability leave. A doctor is the judge and jury in this situation. If they conclude that an employee should be on a leave, the employer has a duty to accommodate. 
• Is there a time limit for a medical leave? As long as a doctor continues to support the leave, Lior explains that there is no time limit to return to work.
• Can your employer ask for your diagnosis? Lior discusses the difference between diagnosis and prognosis and what your employer has a right to know.
• Job security when on a medical leave: While the employees exact job may not be guaranteed for their return, Lior explains the employers duty to guarantee the opportunity for a comparable job, otherwise this would be a constructive dismissal and they will owe you severance.
• Working for a company with a vaccine mandate: They wonder if they must reveal their vaccine status, and if they are entitled to full severance if they are let go for being unvaccinated.
• Threatened with a termination while getting cancer treatment: Lior explains that this employee would be entitled to severance if they are let go, as well as potential compensation for a human rights claim.
• Accepting a severance package: A caller has already accepted the severance package without consulting with a lawyer, and asks Lior if it’s too late to go after additional pay.
• Limitation periods on severance pay: Lior explains that individuals have two years to go after the correct severance pay that they are owed.
• Can your employer request proof of disability from a different doctor? Unless a doctor is withholding or lacking important information about the employees prognosis and need for accommodation, Lior explains that an employer cannot request a note from a different or specialized doctor.
• How often should you update your employer when on a medical leave? Lior recommends updating an employer on a monthly or bi-monthly basis to avoid complication down the road.
• Revoking a resignation: Sometimes stressful times get the best of you. Lior explains the conditions in which an employer should let an employee revoke their resignation, otherwise they could be owed severance pay.

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.