Employee Disability Lawyers: How to Navigate Workplace Accommodation and Claims

Posted on by Ben Tarnow Posted in Duty to AccommodateTagged ,

Disability can affect anyone whether suddenly through an injury or gradually through illness. When health problems start interfering with work, employees often face two major challenges at the same time: protecting their job and protecting their income. That is where employee disability lawyers come in.

Employee disability lawyers help workers navigate workplace accommodation, disability benefits, and legal claims when employers or insurers fail to do what the law requires.

What is a Workplace Disability?

A disability is not limited to visible injuries or permanent conditions. In employment law, disability can include:

Disability is about how a condition affects your ability to function at work, not just what the diagnosis is.

Your Right

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The Importance of Employment Legal Representation for Small to Medium-Sized Businesses in BC

Posted on by Brian Jacobson Posted in Employment Contracts, Employment AgreementsTagged , ,

Running a small or medium-sized business in British Columbia means wearing a lot of hats. You’re handling sales, staff, suppliers, cash flow, and usually legal issues get pushed to the bottom of the list until there’s a crisis. Unfortunately, by the time a lawyer is called in, damage is often already done: a bad contract, an unexpected termination claim, a commercial lease that’s impossible to get out of, or a regulatory problem that threatens your license.

Proactive legal advice is one of the most cost-effective risk-management tools available to B.C. businesses. Here’s why it matters, and when it makes sense to pick up the phone.

Small and Medium Businesses Are the Most Exposed in Employment Law

Large corporations have in-house counsel. Small and medium businesses in B.C. usually don’t, yet they’re both subject to the same complex web of laws:

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How a Lawyer Helps You in Severance Negotiations

Posted on by Ben Tarnow Posted in Severance EntitlementsTagged , ,

When you lose your job, the severance package your employer first puts on the table is rarely the full story. Most people don’t know whether the offer in front of them is fair, what they’re truly entitled to under employment standards and the courts, or what rights they might be signing away. An employment lawyer steps in as your advocate and guide in that confusing moment. They can review your circumstances to assess what a fair severance really looks like for you. Just as importantly, they can handle the back-and-forth with your former employer, pushing for better terms, fixing unfair clauses, and protecting you from pressure tactics, so you’re not trying to negotiate against an HR department or corporate counsel on your own. In short, a lawyer helps turn a “take it or leave it” offer into a real negotiation.

An Employment Lawyer Can Explain What Severance You Are Actually

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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