Non-compete clauses, also known as restrictive covenants, are commonly found in employment contracts in British Columbia. Non-compete clauses prevent an employee from working for a competitor, typically, for a certain number of months after leaving a workplace. These clauses are intended to prevent unfair competitive advantage involving former employees, such as using unique skills or business secrets learned at a workplace to help the prosperity of a competitor company.

Employers and employees in British Columbia are typically familiar with the term "wrongful dismissal", but what does it actually mean? This blog post is intended to clear up some common confusion about what it means to have a "wrongful dismissal" claim.

Running a business or organization means constantly adapting to new realities. As part of these adjustments and adaptations, employers may decide to update the roles and responsibilities of their employees. However, if an employer makes a particularly extreme change to an employee’s employment agreement, the employee may be able to resign from their employment and claim constructive dismissal.

There can be a great deal on the line when it comes to the relationship between employers and departing employees. Should things end on a negative note or the employee plans to work for a competitor, there can be concerns that they will misuse sensitive, proprietary information.

Gig workers play a growing role in British Columbia’s labour force. To ensure the laws in B.C. keep up with this increasing trend and that gig workers are not being taken advantage of, the Ministry of Labour is conducting roundtable events throughout the province to speak to gig workers about their situation and concerns. These consultations are part of work toward a report, which is set to be presented to the government next year.

Ending a professional relationship with an employee can be a challenging aspect of managing a business. There can be significant legal risks if proper protocol is not followed in ending a person’s employment. British Columbia employers should act carefully to avoid a wrongful dismissal lawsuit.

Severance pay is a form of compensation provided to an employee by their employer when the employee's employment is terminated without cause (i.e., no fault of their own) and adequate notice of termination is not provided to the employee. The employee must have completed a minimum of three months of continuous employment with the employer to qualify for severance pay.

Most people are familiar with the negative impacts that stress can have on individual workers. Stress can result in health issues, cause turmoil in one's personal life and greatly impact workplace performance. However, employees are not the only ones who may face consequences in a stressful work environment. In some cases, employers could face financial or legal responsibilities resulting from a stressed-out workforce.

When hiring, it is understandable that employers want to know certain important information about the background of candidates, such as their criminal, work or credit history. However, it is important that those hiring in British Columbia follow employment laws and, in particular, anti-discrimination regulations when conducting these background checks.

The COVID‑19 pandemic has made remote work the “new normal". The increase of remote work in British Columbia and worldwide has led to many important discussions regarding the rights of remote workers and employers' corresponding obligations. An important question that has come up concerning remote work, is regarding employers' liability for employees' work injuries while they perform their work duties remotely. 

While the laws governing employers are often the same across sectors, different industries are likely to face their own unique challenges. For example, laws about workplace safety may be particularly relevant to a construction firm, while a business dependent on part-time workers may have more concerns about legalities surrounding wages and benefits.

British Columbia business owners are often busy with a range of priorities such as cash flow and making the next sale. When a promising new employee comes around, it can be tempting to quickly onboard the individual through a “handshake deal” and skip certain formalities. However, a written employment contract that is particular to the individual and role being hired can save business owners a big headache down the line, especially if the relationship goes sour and a civil suit is filed.

Work-related injuries could happen unexpectedly and could create a stressful situation for the injured worker and their employer. It could contribute missed shifts at work, and could bring production to a halt. In addition to the natural concern for the welfare of their workforce, employers have several responsibilities after a workplace injury.

The British Columbia Human Rights Tribunal recently heard a complaint from an employee of the City of Kamloops (the "City"). The complainant, an employee who was also the son of a former councillor, claimed that he had been discriminated against on the basis of his ancestry, family status, and sexual orientation. The claim was dismissed as the Tribunal held that a reasonable settlement offer had been made by the City and had been rejected by the Employee.

After a stressful week at work, many employees enjoy a drink or two. Some may even use recreational drugs on their days off. However, when substance use becomes an addiction, should this affect the security of one’s job? Under British Columbia law, does an employer have the right to fire an employee because of his or her addiction?

An increase in remote work across Canada has led to new and important discussions on employee rights and protections. Some federal lawmakers have raised discussions on how to protect worker privacy when they are working from home. This is a concern for British Columbia workers and employers alike.

Consultants and Human Resources Specialists have written volumes of material on the best techniques to identify the top candidates for employment. Some well-known CEOs and others have developed strategies they believe can identify psychological traits in exceptional candidates.

The differentiation between an independent contractor and an employee is very important at law. Different classifications of workers have different rights and responsibilities, specifically upon without-cause termination of employment.

The federal government passed Bill C-3 (the "Bill"), An Act to amend the Criminal Code and the Canada Labour Code, on December 17, 2021. The Bill has enhanced paid sick leave and bereavement leave for the federally regulated employees in the private sector under the Canada Labour Code. 

Employees often hold back complaints because they fear retaliation without realizing that human rights legislation protects them. Retaliation as a result of an employee being named in a complaint, participating in an inquiry or giving evidence against a colleague is prohibited under the BC Human Rights Code.