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

Posted on by David Goldberg 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 Ben Tarnow 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 Ben Tarnow 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

Non-Compete Clauses in British Columbia

Posted on by Kevin Blair Posted in Employment AgreementsTagged

Non-competition clauses are a type of restrictive covenant found in employment agreements that, in essence, are designed to prevent employees from entering into or starting a similar profession or trade in competition against their former employer. Absent a non-competition clause, there is nothing standing in the way of an employee from taking a business built up by their employer and using the contacts and knowledge they’ve gained working for that employer and opening up their own competing business. This is something that, clearly, employers are keen to avoid, and one of the most common ways to do this is by utilizing non-competition clauses in their employment agreements.

While the purpose of non-competition clauses is to protect the employer’s business interests, it’s essential to strike a balance with the employee’s right to earn a living after they have moved on from that employment. Non-competition clauses are often used for employees who … Continue reading

Are Employment Contracts Signed After You’ve Started Working Enforceable?

Posted on by Ben Tarnow Posted in Employment ContractsTagged , ,

The employment relationship is governed by legislation as well as, in most cases, an employment contract. An employment contract can determine many of an employee’s and employer’s rights and obligations in the employment relationship, with some of the most significant issues arising at the end of the employment relationship.

The enforceability of employment contracts accounts for a significant amount of employment disputes, and there can be a number of reasons as to why a particular employment contract may or may not be enforceable. One such issue that can significantly impact the enforceability of an employment contract that many employers and employees are unaware of is when an employee signs a contract of employment.

Consideration & Employment Contracts

Employment contracts can be either written or oral, with written contracts being the preferred choice for clarity and legal certainty. A written employment contract typically outlines the terms and conditions of employment, including … Continue reading