Overholt Law LLPVancouver Employment Lawyers | Overholt Law LLP Trusted Advisors2024-03-18T16:17:50Zhttps://www.overholtlawyers.com/feed/atom/WordPressOn Behalf of Overholt Law LLPhttps://www.overholtlawyers.com/?p=523352024-03-14T17:24:47Z2024-03-18T16:17:50ZDespite the fact that work accidents happen all the time, people typically aren't sure what to do next after they find themselves in this situation. In some cases, workers attempt to dust themselves off and get back to work; others take a day or two off and return to work despite their aches and health concerns.
Whatever a worker decides to do, filing a claim for workers' compensation benefits may not be something they initially consider.
The hurdles to getting help
Sadly, not all injured workers seek the benefits they may be entitled to receive. They may not pursue them because:
They are intimidated by the process and worried they might face pushback from their employer.
They think they are not eligible for coverage.
They assume it's too complicated to navigate the benefits system.
They do not know where to start or what steps to take.
These misconceptions and unanswered questions can mean workers end up without the care and support they deserve.
The advantages of workers' compensation
Another reason people may not file a workers' comp claim is that they do not fully grasp the range of benefits they could receive, which can be a significant oversight. Here are some benefits it offers:
Financial support: Workers' compensation provides monetary benefits. These can cover lost wages and medical expenses related to an injury.
Peace of mind: Knowing there is a financial safety net can ease injured workers' minds, allowing them to focus on what's most important—recovery.
Recovery time: With financial worries addressed, parties can afford to take the time to heal properly without rushing back to work.
These benefits aren't always obvious or immediate, so it's easy for individuals to minimize or overlook them after an accident. However, these benefits can be essential to a person's well-being and recovery.When it comes to pursuing workers' compensation after an on-the-job accident, it's not just about financial aid; it's about ensuring workers have the time and resources to recover and get back to work. ]]>On Behalf of Overholt Law LLPhttps://www.overholtlawyers.com/?p=522942024-02-06T20:27:09Z2024-02-08T18:42:09ZUnderstanding restrictive covenants
Restrictive covenants are clauses in employment contracts that can significantly impact your career mobility and future opportunities. These legal stipulations may come in the form of non-compete, non-solicitation, confidentiality and non-disparagement agreements.
These provisions can protect a company's interests by limiting the actions of employees both during and after their employment.
However, restrictive covenants can impact your career even after you have left a position. If you sign one, the contractual terms could dictate:
Where you can and cannot work
Whether you can start a business in the same field
Which roles you can accept at other companies
Clients you can and cannot work with
Information you can and cannot share
If you have agreed to an enforceable restrictive covenant, depending on the precise terms, you could wind up having to decline job offers, set aside career aspirations or relocate to further your professional ambitions.
Your career, your rights
While these covenants may seem daunting, remember that you have rights and options.
Before you put pen to paper, take the time to review the contract thoroughly. It's within your rights to seek clarification and, if necessary, negotiate terms that better suit your career plans. You also have the right to work with a lawyer experienced in navigating these contracts and negotiations. Keep in mind that an employment contract is a mutual agreement, and you have a voice in this legal relationship.
If you have already entered into an employment contract that contains a restrictive covenant, you may wish to obtain personal legal advice about whether or not that restrictive covenant is enforceable and how it could affect your career moving forward. Obtaining this kind of advice is crucial if you are considering embarking on business activities that could arguably fall within the scope of the restrictive covenant.
Charting your course
As you navigate the complexities of restrictive covenants, remember that this is your career path to chart. While companies may have legitimate reasons for including these clauses, it's equally important for you to consider your long-term goals. A clear understanding of these covenants can help ensure that the steps you take today don't limit where you can go tomorrow.]]>On Behalf of Overholt Law LLPhttps://www.overholtlawyers.com/?p=522802024-01-12T22:05:40Z2024-01-16T15:36:24ZThe law in British Columbia protects workers from sexual harassment, but they need to speak up to make use of those protections. Many workers have a hard time fighting back against sexual harassment, including quid pro quo harassment, for various reasons. Workers benefit from understanding what quid pro quo harassment looks like and how to deal with it.
What does quid pro quo harassment look like?
Quid pro quo means "something for something" in Latin, which can generally apply to any contract or agreement. One party agrees to do something for another in return for services or other payment. However, sometimes, it involves inappropriate offers for their personal gratification.A quid pro quo sexual harassment scenario often involves a manager or someone else in a position of authority. They offer career benefits or threaten professional consequences to persuade you into an intimate relationship. While the Hollywood "casting couch" may be the first example of quid pro quo sexual harassment that comes to mind, these issues may arise in lots of other contexts. For example, a manager deciding who to recommend for a promotion might attempt to solicit favours from an employee. A manager may agree to overlook a mistake in exchange for inappropriate contact with them. Other times, a request for certain acts or concessions may come with the threat of a work-related punishment, like a write-up or termination.
What to do after an incident
If an employee experiences quid pro quo harassment, documentation will be important to any future complaint or legal proceeding. Keep copies incriminating written exchanges and recordings; tell someone you trust; make a note of what happened and keep it somewhere safe.
This information is crucial whether you plan to address the matter with your employer or ultimately take legal action.Workplace sexual harassment must be taken very seriously. We encourage employees who are concerned about sexual harassment, or employers in need of assistance when faced with a complaint by an employee, to reach out to one of our lawyers as soon as possible to understand the available options and best practices moving forward.]]>On Behalf of Overholt Law LLPhttps://www.overholtlawyers.com/?p=522782024-01-03T17:47:54Z2024-01-05T17:47:43ZImagine your business is a sports team. Every successful team has a playbook, a guide that helps every player understand the game plan. For your business, the employee handbook is that playbook. It sets the stage for your company's culture, expectations and rules, helping everyone work together successfully.
Why employee handbooks matter
An employee handbook is more than just a list of dos and don'ts. It provides clear directions and helps prevent misunderstandings before they arise. Here's why a well-crafted handbook is a game-changer for your business:
Clarity and consistency: It outlines policies and procedures, ensuring everyone knows what's expected.
Culture carrier: It communicates your company values and vision, building a unified team spirit.
Further, having a central document for employees ensures all workers get the same, consistent information.
Key elements of an effective employee handbook
Your employee handbook should be a living document, evolving as your business grows. Here are some must-haves for your handbook:
Welcome message: Start with a warm introduction, setting a positive tone.
Company values and mission: Share what drives your business and what you stand for.
Employment policies: Clearly explain job expectations, work hours and office etiquette.
Benefits and perks: Outline what you offer, from vacation time and family leave to discounts and use of on-site amenities.
Compliance: Discuss how you adhere to employment laws and what rights employees have, keeping everyone informed and safe.
Acknowledgment form: Include a sign-off sheet for employees to confirm they've read and understood the handbook.
Your employee handbook is a cornerstone of your business structure. It's not just a document; it's a commitment to transparency, fairness and respect in your workplace.By putting the effort into creating a comprehensive handbook, you're not only setting up rules but also nurturing a workspace where everyone knows the score. ]]>On Behalf of Overholt Law LLPhttps://www.overholtlawyers.com/?p=522752023-12-13T15:50:50Z2023-12-18T15:49:57ZAn accident on the job can happen to anyone at any time. However, certain hazards can be far more common during the winter months. Knowing what these are allows employers to take proactive steps to prevent them and helps workers identify and avoid them.
Seasonal workplace hazards to watch for
Winter in Vancouver means ice, snow and cold temperatures. So, depending on where a person works, seasonal workplace hazards can include:
Slippery entryways: Melting snow and freezing rain make entryways slippery. Parties responsible for maintaining a particular property should have rugs, fans, shovels and other means of clearing walkways. Wet floor signs can also help prevent slip-and-fall accidents.
Poor lighting and visibility: With far fewer hours of daylight in the winter, lighting can be especially crucial. Things like broken headlights, missing lights in stairwells and difficulty seeing people outside can put people in danger. Thus, parties must replace or install lighting elements and utilize high-visibility gear to stay safe.
Vehicle crashes: The roads can be treacherous in the winter. Whether people commute to work or drive for a living, slowing down, properly maintaining vehicles and holding off on trips during nasty weather can reduce the likelihood of a car accident.
Exposure to the elements:Exposure-related injuries can be a serious risk to people who work outdoors. Wearing proper protective gear, like boots and warm clothing, and having access to heated spaces is essential.
These conditions can increase the chances of someone getting hurt, so making safety a priority in the winter is vital for employers and employees.
What to do after an accident
After a weather-related accident, workers who take a few critical steps can make recovery easier.
Report the incident to an employer: Employees should tell them what happened as soon as possible to ensure they fulfil notification requirements.
See the doctor: Even if an injury or illness seems minor, workers should still consider seeing their doctor. Doing so creates a record of the incident and can keep symptoms from getting worse or ignored.
Pursue workers' compensation: Injured workers can be eligible for workers' compensation benefits after an accident on the job. Filing a claim can help workers get the financial help they need to get better while they cannot work.
When accidents cannot be prevented or avoided, these steps can connect workers with the necessary resources to get back on their feet. ]]>On Behalf of Overholt Law LLPhttps://www.overholtlawyers.com/?p=522702023-12-11T16:26:10Z2023-12-13T15:30:39ZWhether you are looking for a new job or already have one, you should be able to expect to receive a fair wage. Unfortunately, this isn't the experience everyone has due to factors like the gender wage gap and unfair compensation practices. However, measures like the Pay Transparency Act are in place to prevent this.
The Pay Transparency Act
Recently, the Pay Transparency Act went into effect. It requires all British Columbia employers to post detailed wage information in public job advertisements. In other words, they must give the reasonably expected wage or salary range in a posting. This information could be in the form of hourly rates or annual salaries, and they cannot use phrasing like "up to" a specific amount. This law also restricts employers from asking job candidates about their salary history with other employers. The practice of asking about a person's previous earnings perpetuated the cycle of issues like paying women less than men.These measures make wage practices fairer and clearer by making it more difficult to pay certain workers less. They also protect workers' rights to ask about pay or disclose pay to other workers without facing retaliation.
Other wage-related protections
In addition to the Pay Transparency Act, there are other provincial and federal laws that establish minimum wage, overtime pay requirements and rules for deductions and tips. There are also rules for how and when employers must pay employees. For instance, did you know that B.C. laws require minimum daily pay? Though exceptions exist, the law dictates that workers must receive two hours of pay per day they report to work, even if they work less than two hours. If the person is supposed to work an eight-hour shift, that minimum increases to four hours of pay minimum.Another rule is that pay periods must be within 16 days, ensuring workers are paid at least twice monthly.If your employer does not pay you in full, on time or fairly, you have the right to seek financial remedies, including payment of wrongfully withheld wages. And if an employer engages in illegal practices, like failing to give accurate wage information in a job posting, they can face legal action and other consequences.]]>On Behalf of Overholt Law LLPhttps://www.overholtlawyers.com/?p=522642023-11-17T16:59:38Z2023-11-21T16:12:53ZImagine going to work every day, dreading potential interactions. Maybe you're afraid of your boss, or your coworkers make you feel uncomfortable or humiliated. Perhaps you regularly get teased, threatened or bullied.
If any of these experiences sound familiar, you could be working in a toxic environment. Under these circumstances, you should know what you can do to protect yourself and your job.
Informal approach
In some cases, addressing the offending party directly and informally is enough to stop harassment or bullying. The other person may not realize their conduct is offensive or mean; they might think they are being funny or just making harmless remarks. As such, talking to them about how their behaviours affect you could open their eyes and help them recognize their mistakes. You might focus on how you perceive their statements and explain how their treatment harms you and your work. Another option is to put these thoughts into writing. If you do not feel safe or comfortable talking to them directly, or if multiple people are involved, you could bring the issue up to your manager. This person should follow up by speaking with the other parties and taking appropriate measures to correct bad actions.Your approach can be the same whether you respond verbally or in writing. Focus on how you feel, highlight specific statements or actions, and try to stay calm and respectful. Being clear and direct can be crucial in establishing boundaries and illustrating where the other person has crossed the line.
Taking official action
If an informal approach is ineffective or your manager or employer does not remedy the misconduct, escalating the issue could be necessary. You can do this by filing a formal complaint or taking legal action. Bringing a formal complaint can also be the best option if the toxicity of your workplace is rooted in the culture and widespread.If going to work every day is stressful and upsetting because of how others treat you, then it can be crucial to take action to protect yourself and your rights. Doing so sooner rather than later can help you minimize the toll that bullying, harassment and discrimination take on victims.]]>On Behalf of Overholt Law LLPhttps://www.overholtlawyers.com/?p=522602023-11-14T20:01:02Z2023-11-16T19:56:59ZFinding someone who doesn't use social media would be very difficult. We use the various platforms for everything from networking and getting news to keeping up with our family and friends. Even businesses regularly utilize social media to find new clients and advertise new products.
Considering how ubiquitous social media is, savvy employers and employees should understand how to address the appropriate use of these platforms in the workplace.
Social media policies
Employers may have employees acknowledge and sign social media policy agreements. Generally, these policies will include guidance regarding:
Websites and platforms that employees can access while working
Using secure passwords
Restrictions on company information they can and cannot share
Unacceptable content
Types of use, including personal, professional and official
Employers must consider what is and is not reasonable when it comes to restricting employees. Going too far could violate their rights and privacy; failing to go far enough could lead to loss of proprietary information and reputational damage.In general, both employers and employees would be wise to consult a lawyer regarding their rights and responsibilities.
Privacy on social media
Employees may think their personal social media accounts are private. However, colleagues, potential employers, clients and recruiters could see what individuals do and say on sites like Facebook, TikTok and LinkedIn. Thus, employees must consider carefully how others might view their online personas and activities.Further, employers could be within their rights to monitor a person's social media use at work, for work or on workplace equipment. They may also take legal action if an employee makes an inappropriate disclosure on these platforms, even if the person makes it off-duty on their personal account.When employers and employees understand their rights and responsibilities regarding social media use, they can avoid mistakes that could lead to financial, professional and legal consequences.]]>On Behalf of Overholt Law LLPhttps://www.overholtlawyers.com/?p=522552023-11-10T01:29:07Z2023-11-13T18:50:37ZWhen union employees go on strike, they typically do so because they are seeking better pay, benefits or work conditions. By not working, they put pressure on employers to negotiate or meet their demands. However, some employers respond to strikes by hiring replacement workers in an attempt to reduce the impact of the strike on business.In British Columbia, the provincial Labour Relations Code prohibits employers' use of replacement workers except in certain limited circumstances. Recently, the federal government formally tabled similar legislation for debate that would apply to federally-regulated employers who are subject to the federal Canada Labour Code.
Banning the use of replacement workers
If passed, Bill C-58 would prevent federally regulated workplaces from hiring replacement workers -- often colloquially referred to as "scabs" -- when employees are on strike or during a lockout. Employers who violate the law would be subject to an investigation and could face fines of up to $100,000 per day.However, there would be important exceptions to the ban. Businesses could hire new workers or contractors during a strike or lockout under special circumstances. These include where the services of the replacement worker are necessary in order to deal with imminent or serious health and safety threats or serious damage to the employer's property or premises.
What does the future hold?
Various provincial and federal governments have considered replacement worker legislation in the past, and this type of legislation does not always succeed. On one hand, critics of this type of legislation fear that prohibiting employers from hiring replacement workers in the event of strikes would only increase costs and strike frequency, which could devastate small businesses. On the other side are supporters of this type of legislation, who say that it is crucial to preserve and protect workers' rights to strike.We will continue to follow any developments with this proposed federal legislation. We will continue to advise employers, unions, employee groups and individuals in labour relations matters.]]>On Behalf of Overholt Law LLPhttps://www.overholtlawyers.com/?p=522512023-10-27T20:18:47Z2023-10-30T17:15:53ZWorkers who are or become pregnant have specific rights and legal protections on the job. Unfortunately, too many employers still unfairly fire or deny them reasonable accommodations. These actions create considerable financial and professional complications; they could also endanger the safety of the woman and her unborn child.
For instance, serious health issues could arise if an employer denies reasonable accommodations. Thus, it is crucial to understand the types of practical and appropriate adjustments employees with pregnancy-related conditions might require.
Types of reasonable accommodations
Canadian employers have a duty to accommodate workers with pregnancy-related needs. Accommodations that do not cause undue hardship on an employer or other workers are typically reasonable. Some of the most common examples of these include:
A chair to sit on instead of standing
Longer or more frequent breaks
Reserved parking spots close to the entrance
Flexibility in their work schedule
Temporary placement in light-duty work
Modified uniforms
Time off for pregnancy-related doctors' appointments
These accommodations generally do not require much from employers or colleagues, but they can help ensure a pregnant worker is safe, healthy and comfortable.
What are unreasonable accommodations?
Under human rights laws, employers have the obligation to provide accommodations to the point of "undue hardship". It is crucial to note that just because a worker requests an accommodation does not mean they will receive it. In some cases, a request is too costly or complicated to implement; in other cases, it dramatically changes the worker's job or puts much too much strain on others. The test of what constitutes "undue hardship" depends on the specific facts of each case. Some potential examples of requested accommodations that may cause the employer undue hardship include:
Requesting that a company provides childcare
Asking for non-standard offerings, like employer-provided transportation or meals
Demanding an assistant
Asking for significant changes in a work schedule that are not compatible with the workplace
Requiring a business to change its hours
The analysis of whether the employer has reached the point of undue hardship will include consideration of whether proposed solutions are too expensive or disruptive for the employer to implement, even if they would make things easier for a pregnant worker.
Finding common ground
Workers seeking accommodation and their employer each have a responsibility to participate in good faith discussions about potential solutions before landing on a plan. There is typically always room for compromise, so being open to these discussions is critical.When an employee with a pregnancy-related condition requires an accommodation, it can take time to negotiate and identify precisely what that will entail. Both employers and employees may want to seek legal counsel to ensure their requests and responses are fair and lawful.]]>