Employment Issues

We help both employers and employees in resolving disputes.

If you are an employer or employee we can assist you with all types of matters including termination with, and without, cause, working notice, severance pay, constructive dismissal, conflict of interest and any other issues that relate to the workplace.

Employment Consultation Options

For clients who require our services on an ongoing basis, we provide a competitive hourly rate.

Frequently Asked Questions

For Employers

1. What are the required notice periods for termination of an employee in British Columbia?

Under the BC Employment Standards Act, employers must provide written notice or compensation when terminating an employee, depending on the employee’s length of service. For example, after 3 consecutive months of employment, the employer owes one week of notice or compensation.

2. Can I dismiss an employee for any reason?

As an employer, you have the right to dismiss employees, but it must be for a legal reason, and proper notice or compensation in lieu of notice must be provided. "Just cause" dismissals can be made immediately but only for severe cases such as theft, violence, or serious misconduct.

3. Can I change an employee's job description, duties, or pay without their agreement?

Significant changes to job duties, compensation, or work conditions could be seen as constructive dismissal. To make these changes, you should obtain the employee's consent, preferably in writing.

4. How do I handle complaints about harassment or discrimination in the workplace?

Employers have a legal duty to ensure a safe, respectful, and discrimination-free workplace. If a complaint is made, conduct an investigation promptly, maintain confidentiality, and take necessary action based on the findings.

5. Do I need to accommodate employees with disabilities?

Yes, employers have a duty to accommodate employees with disabilities up to the point of undue hardship. This could mean making changes to work duties, hours, or the work environment.

6. Do I need to have a written employment contract with my employees?

While not required by law, a written contract can help clarify expectations and responsibilities, and can provide protection for both parties in the event of a dispute. We strongly recommend that employers use employment contracts.

For Employees

1. What can I do if I’m dismissed without cause?

If dismissed without cause, you are entitled to notice or compensation. If you believe you've been unjustly dismissed, you may wish to seek legal advice.

2. Can my employer change my job description, duties, or pay?

Major changes to your role, compensation, or working conditions without your consent could be considered constructive dismissal. If this happens, seek legal advice.

3. Can my employer withhold my pay?

Employers are required to pay wages owed within six days of the end of the pay period. If your employer is withholding pay, you can file a complaint with the BC Employment Standards Branch.

4. What if I face harassment or discrimination at work?

Employers have a legal duty to ensure a workplace free of harassment and discrimination. If you're facing such issues, you can make a complaint to your employer or the BC Human Rights Tribunal.

5. Do I need to sign an employment contract?

An employment contract is not required, but it can help to clarify job expectations and provide protections. We strongly recommend an employment contract in most situations. You should read any contract carefully before signing, and you may wish to seek legal advice.