Can You Be Fired Due to a Shortage of Work in BC?

Posted on by David Goldberg Posted in Termination, Human Rights, Employee TerminationTagged , ,

In British Columbia, both employers and employees are navigating an unpredictable economic landscape. Trade wars, inflation, interest rate hikes, and global supply chain disruptions have all led to cost-cutting measures across industries. One example that continues to ripple through the Canadian economy is the impact of former U.S. President Donald Trump’s tariffs on Canadian goods, a policy shift that significantly disrupted manufacturing and export sectors and continues to influence employer decisions to this day.

So, what happens when a company faces economic strain or a downturn in demand? Can an employer fire an employee because of a shortage of work? The short answer is yes, but with conditions.

Employers Can Terminate for Shortage of Work, But Must Follow the Law

Under British Columbia’s Employment Standards Act (ESA), employers are allowed to terminate an employee without cause, including for reasons like restructuring, downsizing, or shortage of work. This includes situations … Continue reading

BC’s Proposed 27-Week Job-Protected Medical Leave

Posted on by David Goldberg Posted in BC Employment Standards Act, Human RightsTagged , ,

The B.C. government has introduced legislation to create up to 27 weeks of unpaid, job-protected leave for workers facing a serious (“catastrophic”) illness or injury. In plain terms, it would give a clear block of time where your job is protected while you undergo treatment or recovery. This proposal appears to sit alongside, not instead of, the Human Rights Code’s disability protections.

Understanding how these regimes fit together will help employees, unions, and employers make better, faster decisions when health crises strike.

What Is in the New Update to the Employment Standards Act Leave: Job-Protected Medical Leave

Human Rights Code (HRC) already prohibits discrimination on the basis of disability and requires employers to accommodate to the point of undue hardship. But it’s case-specific, and in rare circumstances a termination can still be lawful (for example, where there’s no reasonable prospect of return despite accommodation).

The new ESA leave would … Continue reading

The Ups and Downs of Remote Work in BC

Posted on by Brian Jacobson Posted in Employment AgreementsTagged

Remote work is now a permanent feature of the British Columbia workplace. For many, it’s been a positive experience, by expanding talent pools, improving flexibility, and cutting commute time. But it also brings legal wrinkles that don’t arise in a traditional office.

Remote work has moved from a pandemic workaround to a permanent feature of many British Columbia workplaces. It offers obvious benefits—wider talent pools, fewer commutes, and more flexibility—but it also introduces legal and practical challenges that don’t arise in a traditional office. Understanding both sides of the ledger is essential for employers designing policies and for employees navigating their rights.

The Upside of Remote Work: Flexibility with Real Business Gains

On the upside, remote and hybrid arrangements can be powerful recruitment and retention tools. Employers can hire beyond expensive urban cores and accommodate diverse schedules, while employees often report better focus for deep work and improved work–life balance. … Continue reading

Frustration of Contract in British Columbia: What Employers and Employees Need to Know

Posted on by Ben Tarnow Posted in Employment Contracts, TerminationTagged , ,

Ending employment relationships is never easy, but some situations arise where neither the employer nor the employee is truly at fault for the end of the employment relationship. In British Columbia, “frustration of contract” is a legal doctrine that can bring an employment relationship to an end when unforeseen events make continued employment impossible or fundamentally different from what was originally envisaged by the parties. Understanding what frustration means, and often more importantly what it doesn’t, can help both employers and employees navigate this complex area of employment law.

What Is Frustration of Contract?

Frustration of contract occurs when an unexpected event beyond the control of either party renders the performance of the employment contract impossible or radically different from what the parties originally agreed to. Unlike a typical dismissal, frustration is not about misconduct or poor performance. It is about circumstances that no one could have reasonably anticipated or … Continue reading

Offer Letters vs. Employment Agreements: Why Employers Shouldn’t Mix and Match

Posted on by Brian Jacobson Posted in Employment Agreements, Offer Letters

Employers want to secure top talent quickly, and many hiring relationships begin with a short and friendly offer letter and later evolve into a more detailed employment contract. But when it comes to long-term protection and legal clarity, there’s no substitute for a carefully drafted employment agreement.

While both documents deal with the terms of employment, their legal implications and purposes are very different. Confusing the two, or worse, trying to use both can potentially expose employers to costly legal pitfalls.

What’s the Difference Between Offer Letters and Employment Agreements?

Offer Letters are typically short documents that provide a brief summary that confirms the basic terms of an employment offer: the role, the compensation, the start date, and sometimes they address other matters such as benefits or probation periods. They’re often used by an employer to get a commitment from a candidate before going to the trouble of drafting a … Continue reading