When issues regarding safety, harassment or discrimination arise in a business, employers may need to conduct a workplace investigation. An employer's failure to conduct a proper investigation can make an already complicated situation much worse for an organization and trigger harsh penalties. If you are in a situation where a workplace investigation is required, consider the following tips for conducting one fairly and effectively.

In any business, employees and client lists are important. Companies can use non-solicitation covenants to prevent departing employees from soliciting customers or employees from them. In other words, non-solicitation covenants prevent departing employees from using their former company's contact to help the company they are moving to.

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.

Workplace safety is a concern for all workers, employers and their loved ones. Young adults and teenagers can gain great experience from working, but they may not be prepared to manage certain hazards on the job. To respond to this issue, British Columbia is enacting new rules by setting out minimum ages for hazardous work.

A new provincial regulation requires employers to inform workers about the reason employees refused to partake in work due to safety concerns. The regulation was put forth in an Occupational Health and Safety Regulation (OHSR) amendment, effective August 2022.

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.

When it comes to preventing workplace accidents in British Columbia, a great deal of responsibility falls on employers. Their policies as well as their follow-through will often be thoroughly examined if a worker is hurt. However, they are not the only ones with obligations when it comes to safety. Here is a general overview of the responsibilities different parties carry to keep a workplace safe. 

Wrongful termination claims -- also known as wrongful dismissal claims -- can arise in various ways. However, at their core, wrongful termination claims arises from a Breach of Contract. The employer-employee relationship begins when both parties make promises to one another by signing of a contract. If the employer breaks those promises, there is a breach of contract and the employee may be entitled to file a common law claim for wrongful dismissal.

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. 

When attempting to fill an open position, an organization will likely take numerous steps designed to ensure they find the right individual for the job. Factors such as work history and educational experience are used to build a coherent picture of the candidate from which to make a decision.

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.

Many employers and workers alike have been told at one time or another that negative references could be considered defamatory and result in legal action. Generally speaking, Canadian employers are protected from such action to the extent that any such negative reference is made in good faith. This is different than the reality in the United States, where suing for negative references is appropriate for a defamation case.