Can An Employer Sue an Employee for Quitting Without Proper Notice?

Posted on by Taylor & Blair LLP Posted in Employment Contracts, ResignationTagged ,

In British Columbia, the relationship between employers and employees is governed by the Employment Standards Act (ESA) and common law principles including the freedom to contract. Lawsuits regarding employment law issues are extremely common, however, these are almost always based on a former or current employee suing their employer for discriminatory practices based on Human Rights legislation or for wrongful dismissal for terminating an worker’s employment without providing proper working notice or payment in lieu of the same. But are employers also able to bring lawsuits against employees who quit without giving the required notice to their employer? While much rarer to find such cases litigated, they do happen.

Breach of Contract

Unlike the protections granted to employees in British Columbia under the ESA, which includes minimum notice periods, employers do not enjoy the same protections. As such, if an employer wants to ensure that they are provided a … Continue reading

Workplace Investigations: Ensuring Fairness and Compliance

Posted on by Taylor & Blair LLP Posted in Workplace Policies, Workplace Harassment, Workplace Disputes, Human RightsTagged ,

Workplace investigations have grown in popularity in recent years as a way for employers to maintain a fair and safe work environment and manage risk in the workplace. Workplace investigations let employees know that their concerns are being addressed and that company standards and policies are worth more than simply the paper they are printed on. These investigations also provide employers with the benefit of having shown they are taking active steps to address concerns or issues raised in the workplace.

What is a Workplace Investigation?

Workplace investigations are inquiries initiated to address complaints within the workplace of misconduct, harassment, discrimination, or other significant issues. These investigations can arise from employee grievances, reports from management, or external complaints. The primary goal is to gather facts, assess the situation impartially, and determine appropriate actions based on the findings.

Employers will often hire independent third parties to conduct workplace investigations to ensure … Continue reading

What to Do If Your Employer Offers You Your Old Position Back After Firing You?

Posted on by Taylor & Blair LLP Posted in Employment Contracts, Termination, Employee Termination, Employment AgreementsTagged ,

The relationship between an employer and an employee is a unique one. On the one hand and on a contractual level, it is an agreement to perform tasks in exchange for pay. However, on the other hand and from a more practical viewpoint, the employment relationship and the workplace environment are where most people spend the majority of their waking hours. It is only natural to form relationships with the people you work with. It is also just as natural for there to be hard feelings when an employment relationship is terminated. Sometimes, due to the legal considerations relating to a termination of an employment relationship, either employees or employers need to start a lawsuit relating to that breakdown in the employment relationship.

However, what happens when after your employment has been terminated, and even when a lawsuit has been started, an employer offers you your job back?

Why Would

… Continue reading

How to Prepare for Your First Meeting with an Employment Lawyer

Posted on by Taylor & Blair LLP Posted in Wrongful Dismissal, Wrongful Termination, Employment ContractsTagged , ,

If you are facing an employment-related issue such as wrongful dismissal, workplace discrimination, or harassment in British Columbia, whether as an employee or an employer, seeking legal advice from an employment lawyer is crucial. Your initial meeting with an employment lawyer is an important step in understanding your rights and exploring your legal options. To make the most out of this meeting, it is essential to come prepared. Here are some tips on how to prepare for your first meeting with an employment lawyer.

An Initial Consultation

Due to the effect of legislation and employment contracts on potential employment law claims, initial consultations are almost always required for an employment lawyer to give an initial opinion on any potential case.

In the initial consultation, your employment lawyer will obtain a firm understanding of your employment relationship, what the legal issues are and what potential avenues of remedy there … Continue reading

Notice in Employment Law & the Bardal Factors

Posted on by Taylor & Blair LLP Posted in Severance Entitlements, Employee TerminationTagged

In Canadian employment law, the concept of reasonable notice plays a crucial role in determining the amount of notice or pay in lieu of notice (also known as severance) that an employer must provide to an employee upon termination without cause. The Bardal factors are a set of considerations that are used by the Courts to determine the appropriate length of reasonable notice in each case. Understanding these factors is essential for both employers and employees to navigate the legalities of termination in the Canadian employment landscape.

It is important to note that, generally speaking, the Bardal Factors do not apply if your employment is for a fixed term, there is an employment agreement that specifies the notice an employee is entitled to receive in the event that their employment is terminated, or if an employee is dismissed with cause.

What are the Bardal Factors?

The Bardal factors come … Continue reading