The Benefits of Talking to a Lawyer: Employment Law

Posted on by Kevin Blair Posted in Employment Contracts, Employee Termination, Employment AgreementsTagged ,

Employment is something that impacts almost everyone, whether as an employee or an employer. Usually, the workplace relationships we are involved in go smoothly enough, but every once in a while, there are issues which can lead people to question if it might be worthwhile to talk to a lawyer before they make a decision.

The reality is that employment law is a complex area of law composed of legislation, the common law, and contractual elements that lead to an ever-evolving landscape that can be difficult for even the savviest person to navigate without proper guidance.

The reality is that, for employers and employees, it can often be well worth spending a little time and money to get legal advice before signing a document, or before a problem becomes a bigger one.

The Benefits of Talking to a Lawyer for Employees

Most employees are happy enough to have a … Continue reading

How to Deal with Job Abandonment

Posted on by David Goldberg Posted in Employee Termination, Constructive Dismissal, Workplace Policies, BC Employment Standards Act, Wrongful TerminationTagged

In British Columbia, employment law is designed to protect both employers and employees, ensuring fair treatment and clear understanding of the obligations of both parties with respect to work-related issues. One issue that employers have to deal with which arises rarely, but does occur, is job abandonment.

It is crucial that employers ensure that their response to a potential job abandonment is handled carefully to ensure that they protect their interests and limit any liability exposure.

What is Job Abandonment?

Job abandonment is when an employee is absent from work for an extended period without communicating with their employer or providing a valid reason for their absence. In British Columbia, there is no specific statutory definition of job abandonment; instead, it is understood through case law and common practice. Generally, if an employee is absent for an extended period of time, without excuse, they may be considered to have abandoned … Continue reading

Understanding After-Acquired Cause

Posted on by Brian Jacobson Posted in Termination, Employee TerminationTagged , , , ,

An important aspect of employment law in general, and with respect to employment litigation in particular, is the concept of “cause” for termination. When an employer terminates an employee for “cause” or “just cause” it, means that the employee has engaged in conduct that justifies immediate dismissal without notice or severance pay in lieu of notice. Absent an allegation of “just cause” and employer needs to provide an employee who they terminate with proper notice or pay in lieu of notice. In this latter case, the employee is said to be terminated “without cause”.

While most people are familiar, if only generally, with the concept of having employment terminated “for cause” or “without cause”, most people are not familiar with the concept of “after-acquired cause” and how something that only becomes known to an employer after an employee’s position is terminated can still count as a cause of the … Continue reading

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

Posted on by David Goldberg 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 Brian Jacobson 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