Workplace Stress, Mental Disability, and Your Rights in BC

Posted on by Kevin Blair Posted in Undue Hardship, Duty to AccommodateTagged ,

Workplace stress can absolutely be the basis for a disability claim and human rights protection in British Columbia, but only when it crosses the line from ordinary job pressure into a diagnosable psychological disorder. The law distinguishes between the two. If your stress has become anxiety, depression, PTSD, or another recognized condition, you likely have rights to accommodation, leave, and disability benefits, even when your employer or insurer pushes back.

Is Workplace Stress a Disability Under BC Law?

The short answer is that stress itself is not a disability, but the mental health conditions caused or aggravated by workplace stress almost always are. Under the BC Human Rights Code, “mental disability” includes diagnosable conditions like major depressive disorder, generalized anxiety disorder, adjustment disorder, post-traumatic stress disorder, and burnout that has progressed into a clinical condition. Your employer has a legal duty to accommodate these conditions to the point of … Continue reading

Can My Employer Lay Me Off After a Fire, Flood, or Business Closure in BC?

Posted on by David Goldberg Posted in Employment Contracts, TerminationTagged , , ,

A fire, flood, or forced business closure can create serious problems for both employers and employees. But in British Columbia, a disaster does not automatically give an employer the right to lay off staff without pay.

If your employer has told you that you are being temporarily laid off because the workplace has closed, the first question is not simply how long the layoff can last. The first question is whether your employer had the legal right to lay you off at all.

In many cases, an employee who is put on unpaid layoff after a fire, flood, water damage event, or forced closure may still be entitled to severance.

Does a Fire or Flood Let an Employer Lay Off Staff Without Pay in BC?

In British Columbia, employers do not have a general automatic right to temporarily lay off employees. An employer can usually impose a temporary layoff only … Continue reading

How to Resolve a Workplace Dispute in BC Without Going to Court

Posted on by Ben Tarnow Posted in Workplace DisputesTagged , ,

Most BC workplace disputes settle without a trial. Severance negotiations, demand letters, Employment Standards complaints, and Human Rights Tribunal mediations resolve the large majority of employee claims before a court hearing. The path that delivers the best result depends on what kind of dispute you have, what deadlines apply, and how much leverage you bring to the table. Choosing the wrong forum, or waiting too long, can cost you the case.

What Counts as a “Workplace Dispute” in BC?

A workplace dispute is any disagreement between an employee and employer involving pay, termination, discipline, accommodation, harassment, or discrimination. Different disputes go to different forums. Unpaid wages and vacation pay belong at Employment Standards. Discrimination and accommodation issues belong at the Human Rights Tribunal. Wrongful dismissal, constructive dismissal, and severance disputes are civil claims, but rarely require a trial to resolve.

A common mistake is assuming every workplace problem … Continue reading

Top Mistakes Employees Make Before Speaking to an Employment Lawyer

Posted on by Brian Jacobson Posted in Resignation, Workplace Disputes, TerminationTagged , , ,

If you are looking for an employee lawyer in Surrey, Vancouver, or anywhere in British Columbia where our lawyers work, chances are something at work has already gone wrong. Maybe you were fired, pressured to resign, offered a severance package, demoted, harassed, or put on a sudden performance plan. In that moment, many employees make fast decisions that feel sensible but later damage their legal position.

The problem is that employment claims often turn on documents, timing, and what happened in the first few days after the dispute began. In British Columbia, different legal routes can have different deadlines, including a six-month deadline for many terminated employees to file an Employment Standards complaint, a one-year deadline for human rights complaints, and a basic two-year limitation period for many court claims.

That is why early advice matters. A good employee lawyer is not just there to file a lawsuit. … Continue reading

Can I Be Fired For What I Post on Social Media?

Posted on by David Goldberg Posted in Social Media, Wrongful Dismissal, Employee TerminationTagged , ,

When you’re frustrated with work, it’s tempting to fire off a tweet or Facebook rant and assume it’s “just my personal account”. From a legal perspective, though, social media posts can have very real consequences for your employment, and they can also end up as exhibits in Court.

The short answer to the question of can you be fired for your social media posts is: yes, in serious cases, but it’s not automatic.

Canadian law has long recognized that “off-duty” conduct can justify discipline or even dismissal if it has a real impact on the workplace. A commonly cited framework asks whether the conduct:

  • harms the employer’s reputation or product;
  • makes it difficult for others to work with the employee;
  • interferes with the employee’s ability to do their job; or
  • breaks the law or company policies in a way that reflects on the employer.

Social media can tick several of … Continue reading