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Do Contractors Get Severance Pay in BC? Court Decision on Dependent Contractors (2025)
Can contractors in BC get severance pay? A 2025 court ruling confirms that dependent contractors may be entitled to notice of termination like employees. You might think that only employees get severance pay. Traditionally, this was one of the key differences between an employee and independent contractor, but it is not that simple. Courts will…
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Tips for a thorough and cost-sensitive workplace investigation
How much does a workplace investigation cost? This is often one of the first questions clients ask when retaining us to conduct a workplace investigation. It is an important question. Workplace investigations can be expensive, and organizations need to consider the cost. In the current economy, it is more important than ever to keep costs…
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Caught with a colleague on the kiss cam? An employment law take.
Caught with a colleague on the kiss cam? Media and memes are abuzz this morning with the viral video of a CEO and Head of HR caught looking very cosy on the kiss cam at a Coldplay concert. When they noticed they were on the jumbotron, they quickly moved apart. Chris Martin, Coldplay frontman, then…
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Canada EI Changes 2025: What the New Temporary Measures Mean for You
Canada EI Changes 2025: What the New Temporary Measures Mean for You When job loss hits unexpectedly, it can leave you feeling uncertain and financially strained, especially when U.S. tariffs come into play. In response to these difficulties, the Government of Canada introduced temporary Employment Insurance (EI) measures on March 22, 2025 to provide workers…
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Is your Workplace Investigation Privileged and Confidential?
According to a recent Alberta court decision, unless it was investigated by a lawyer, the answer is probably no. In the realm of workplace investigations, the case of Prosser v. Industrial Alliance Insurance and Financial Services Inc (2024 ABKB 87) serves as a compelling example of why hiring a lawyer to conduct investigations is essential for privilege…
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Gender Diverse Workers and Work Travel Requirements to the US – Is There a Right to Refuse Travel?
*this blog was written based on information currently available as of February 11, 2025* In the wake of Donald Trump’s Executive Order on gender, the US secretary of state has ceased issuing passports with a gender-neutral X option. Travel to and from the US with an X identifier hangs in the balance as the state…
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Union Certification in BC: How the Process Works
Ever wondered how unions become representatives for workers? In this Union Certification 101 blog post, labour lawyer Stephanie McLean breaks down the process.
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Tariffs and Economic Turmoil – What Canadian Employers Can Do to Prepare
Prepare for economic shifts with expert employment law guidance. Review contracts, plan ahead, and stay informed.
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La Ley de Normas Laborales en British Columbia: Información básica
En B.C., los derechos de los trabajadores están protegidos por la Ley llamada Employment Standards Act (“ESA”). Esta ley establece los estándares mínimos que los empleadores deben cumplir en áreas clave como el salario mínimo, las horas de trabajo y las vacaciones pagadas. Salario Mínimo, Horas de Trabajo y Horas Extras Una de las disposiciones…
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Breaking Down Emotional Barriers to Conflict Resolution: How a Mediator Can Help
In a previous blog, I posted about debunking mediation myths in which I explored one of the emotional barriers to mediation – a feeling that agreeing to mediation is a sign of “weakness.” I have been pondering a lot about other emotional barriers to conflict resolution, this time, during the mediation itself. Agreement to mediate…
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Mediation Myths
Thinking about mediation? There are many misconceptions and misunderstandings that can be a barrier to mediation. And many of them are myths! In my practice as counsel and a mediator, here are five common myths I hear regularly: 1. Agreeing to mediation is “a sign of weakness.” It is not a sign of weakness to…
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How Do I Fire Someone Properly?
5 TIPS FOR EMPLOYEE TERMINATIONS As an employment lawyer, one of the most common questions I get from employers is “How do I fire someone properly?” Proactive work can save a lot of stress and expense, compared to a “fire now, ask questions later” approach. Here are 5 things to think about when terminating an…
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What is Mediation?
Has your lawyer or employer suggested mediation of your legal case or conflict? Understanding what mediation is (and is not) is the first step to an informed decision. Empowerment & Recognition Mediation is generally defined as an informal process in which a neutral party with no power to impose a resolution helps the disputing parties…
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British Columbia Government Introduces Bill 13 – Pay Transparency Act
On March 7, 2023, the British Columbia government introduced Bill 13, the Pay Transparency Act, in the British Columbia legislature. Once passed, the Pay Transparency Act will: require employers (unless exempted by regulation) to specify in job advertisements either the expected salary or wage for a job, or range of expected salary or wage (subject…
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Are Non-Competes Enforceable?
A non-compete is a “restrictive covenant”. What is a restrictive covenant? In employment contracts, restrictive covenants are clauses that stop employees from doing specific things. Examples of restrictive covenants are: Confidentiality clauses – stop employees from sharing confidential information. Non-competition (non-compete) clauses – stop employees from working in competing businesses. Non-solicitation clauses – stop employees…
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BC Court Awards Punitive Damages to Employee based on Errors in Employer’s Termination Letter
The fine print matters in termination letters, even in mass layoffs. The wrongful dismissal case of Moffatt v. Prospera Credit Union, 2021 BCSC 2463 is a cautionary tale for employers in British Columbia. In Moffatt, the Court took the highly unusual step of ordering the employer to pay punitive damages for mistakes in its termination…
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Layoff in the News
Layoffs in the News – What are the Rules? With recession in the headlines and daily reports of companies in the tech sector laying off large numbers of employees, many people are wondering what the difference is between a layoff and a termination and what their rights are in either circumstance. Here are some frequently…
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Four Things to Consider When Adopting a Parental Leave Policy
Employers typically consider maternity and parental leave policies when they want to incentivize employees to return from their leaves after having a child, and also when they realize that supporting their employees financially while on a period of a reduced income makes sense for long term employment relationship. Particularly, in the current Canadian job market…
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A Win for Mom – tribunal finds employer discriminated against employee on maternity leave
The Human Rights Tribunal recently found that Prince George Ford (“Ford”) discriminated against new mom Mellissa LaFleche based on sex and family status contrary to the section 13 of the Human Rights Code. While on maternity leave, employee Ms. LaFleche went to her employer, Ford for a meeting about her return to work. It…
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Mandatory Vaccines for Regulated Health Care Practitioners
Updated: March 21, 2022 The BC Government has revised its plan to mandate vaccines for all regulated health care professionals. On March 10, 2022, the BC Public Health Officer announced that they will be moving forward with an “informed consent” system for some health care workers which may require disclosure of vaccination status to patients…
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Why Hire an External Workplace Investigator?
As an employer, it is stressful when you receive a complaint from a worker about breach of policy. You will have a number of considerations to weigh when figuring out how to proceed. In addition to deciding whether you need to take immediate steps to separate employees, or make changes in the workplace, one thing…
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Workplace investigations under the Canada Labour Code
Federally-regulated employers (which include banks, airlines, transportation and telecommunication companies amongst others) had to adjust to new ways of dealing with harassment, bullying, discrimination and workplace violence allegations as of January 1, 2021, with the enactment of the Workplace Harassment and Violence Prevention Regulations under the Canada Labour Code. Federally-regulated employers have always had an…
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Responding to wrongful dismissal claims
Last week, the Globe and Mail reported that “scores of unvaccinated workers are filing wrongful dismissal claims against employers”. I have represented employees and employers at various stages of wrongful dismissals, from settlements to trials, and I have been getting many inquiries from employers asking how they should respond to wrongful dismissal claims. Below are…
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Fired for refusing vaccination – can I still collect EI?
On October 21, 2021, Employment Minister Carla Qualtrough announced that it is likely that people who lose their jobs for not complying with employer COVID-19 mandatory vaccine policies will not be eligible for employment insurance (EI). Where does this leave those who are unvaccinated and find themselves unemployed because of this? Do they have access to EI? As an employment lawyer and a…
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New – BC employers must provide employees 5 days of paid sick leave
The BC Government has announced that starting January 1, 2022, all businesses with employees falling under the Employment Standards Act will be required to give their employees up to 5 days of paid sick leave each year. Paid sick leave is a significant change in the minimum employment standards in BC. We tackle some frequently…
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Is your lawyer a great coach?
I am a shameless advocate for coaching. I graduated some years ago from a coaching certificate at UBC and came out transformed. So much so that I now believe everyone should become a coach and that everyone would benefit from coaching. It would be the first step towards a conflict- free workplace. Which would perhaps…
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Four reasons to investigate a complaint – even if the employee has quit
We regularly are asked by our employer clients, if an employee makes a complaint and then quits, should we still investigate? Looking into complaints can be messy and stressful, so it is tempting to decide you are off the hook. What about if a complaint of harassment, bullying or discrimination is made by someone who…
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Trauma-Informed Workplace Investigations – Five lessons from the trenches
In my years of experience as a workplace investigator in-house for a large organization and in my current role as an external investigator, I have learned some hard lessons on what not to do when conducting an investigation. At Forte Law, a trauma-informed approach is not a nice-to-have, but a must have, and this can very easily be lost by a busy investigator…
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No jab, no job? Mandatory vaccines at work
No jab, no job? Mandatory vaccines at work Amidst the chaos, one message was consistent over the first 16 months of this pandemic – vaccinations were strongly encouraged but a personal choice, and mandatory vaccines were not being considered. In the last week, we have seen a dramatic shift in the position of our federal…
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New COVID-19 Paid Sick Days Law in British Columbia
New COVID-19 Paid Sick Days Law in British Columbia Effective immediately, employees in British Columbia are entitled to up to three paid sick days if they are unable to work for reasons related to COVID-19. Before this change, there was no legal requirement for employers to offer paid sick time. Employees are entitled to paid…
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So you have been served with a wrongful dismissal lawsuit, what’s next?
So you have been served with a wrongful dismissal lawsuit, what’s next? We are regularly contacted by businesses who have been served with a wrongful dismissal lawsuit by a former employee. This can be very stressful and for many, the first time they have been sued. Here are answers to some of the most frequently…
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Equity, Stock Options, RSUs – The Basics
Equity, Stock Options, RSUs – The Basics So, your employer granted you stock options, restricted share units (RSUs), phantom stock options or some other kind equity compensation. Great news, right? Or is it? Over the years, countless employees have confided in me that they aren’t exactly sure what they have received, what the value is, or how to…
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Time to Work at Home (again) – Do you have a Policy for that?
Time to Work at Home (again) – Do you have a Policy for that? With rising Covid numbers, many workers who had returned to the office are now turning around to head back to working from home. The November 7th B.C. Provincial Health Order states that employers should “encourage” their workers to work from home,…
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What does the November 7th Public Health Order mean for BC Workplaces?
What does the November 7th Public Health Order mean for BC Workplaces? This weekend’s news and Order from BC Public Health Officer Dr. Bonnie Henry has an impact on employers and workers in BC. It is time to revisit our Covid Safety Plans. Covid Safety Plans Every employer in BC should have a written Covid…
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5 Tips for Successful Workplace Investigations
5 Tips for Successful Workplace Investigations Workplace investigations happen in all types of workplaces. They can be very effective in dealing with conflict, but they can also get off track. With the recent news that the Governor General’s office has brought in a workplace investigator to look into claims of harassment in the workplace, here…
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Covid Layoffs are Ending in BC, Now What?
Covid Layoffs are Ending in BC, Now What? For workers and businesses in BC, ongoing changes to the temporary layoffs allowed by the Employment Standards Act (“ESA”) have been hard to track. Pre-pandemic, temporary layoffs could not be longer than 13 weeks. During the pandemic, our provincial government extended the allowed layoff length a few…
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Hello from the other side? 5 key risks in recalling workers post-Covid
Hello from the other side? 5 key risks in recalling workers post-Covid Over the last few days, questions about returning people to work have been steadily coming in to our team, as clients plan for reopening or rebuilding from a skeleton crew. This is an exciting time, but as businesses continue to pivot and rethink…
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Work Refusals and Covid-19: Risky Business Indeed
Work Refusals and Covid-19: Risky Business Indeed Covid-19 has put workers and employers in a difficult position. Many have lost their jobs, and others find themselves trying to work remotely for the first time, surrounded by their school-aged children. But what about those still going in to work? Some workers are feeling afraid and uncomfortable,…
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Layoffs in a Unionized Workplace
Layoffs in a Unionized Workplace There has been a massive amount of information circulating online about layoffs, much of it focused exclusively on non-union employees and their rights under the Employment Standards Act. Unionized businesses are not immune to slowdowns in our current economic crisis, with labour cost reduction measures announced daily. What are the…
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Can the WorkShare program save your business?
Can the WorkShare program save your business? Many Canadian employers, HR professionals, and even some employment lawyers (not naming names, ahem…) had never heard of the federal government’s WorkShare program until a few weeks ago. The federal government is leaning heavily on WorkShare as a key part of the solution to our current economic crises. …
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EI the Basics
This blog is not intended to serve as legal advice, and only provides general information. Every situation must be considered on its own facts. Need legal advice? Contact us by phone at 604 535-7063 or email [email protected].
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Forced Vacation Time? Another Covid-19 Consideration
Forced Vacation Time? Another Covid-19 Consideration Can an employer require employees to take vacation time where is a slowdown in work? This is a question we are getting regularly from workers and businesses. There is no simple answer, but we have set out some information below. (This blog is relevant only to non-union workers in…
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So you have been laid off, what are your options?
So you have been laid off, what are your options? News broke last week that more than 500,000 Canadians applied for EI within a few days. With layoffs rolling out widely as a result of the economic impact of Covid-19, we are writing this blog to provide some basic information on workers’ rights and options.…
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E.I. and Covid-19 Layoffs
E.I. and Covid-19 Layoffs – 5 Tips for Workers and Businesses *This blog post is current to 8:00 AM on March 17, 2020. Forte Law is offering virtual legal services, including zoom video meetings or telephone consultations, so you can get legal advice from your home or office. * As many workers and businesses are facing…
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Covid19 Layoffs What are the Rules
Covid-19 Layoffs in BC – What are the Rules? *This blog was revised effective May 7, 2020* We have seen the economic impact of Covid-19 in BC, with industries like travel and many others in crisis. Layoffs have been happening in many sectors, and more could be coming. What are the rules? The rules about…
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Severance for a Contractor? What, no way!
I hired this person to work in my business. They asked to be a contractor. They wanted the flexibility and the write offs. It didn’t work out and now they want severance. What?! I don’t owe them anything! … do I? They hired me as a “contractor” but always treated me like an employee. …
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Pregnancy Discrimination – Mom’s the Word
Monthly, sometimes weekly, and at times even daily, we are asked about expectant moms’ rights: I announced that I am pregnant and was: passed over for a promotion, denied opportunities or training, left out of meetings, reassigned to work on less important projects, or fired. People at work are making negative comments about me and:…
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Five Tips for Conducting a Trauma Informed Interview
I learned a great deal about the importance of using a trauma informed approach to interviewing during my time as a Member of the Parole Board of Canada, interviewing offenders in what were often highly-charged and emotional hearings regarding their conditional release from prison. The goal of using a trauma informed approach is to avoid…
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Is your business ready for a harassment complaint?
We all hope that bullying and harassment won’t happen in our workplace, but with statistics showing that one in three workers experiences harassment—a complaint of bullying or harassment is possible anywhere. But are you ready to deal with one?
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What is Employment Law? Why should Employers care about Employment Law?
Canadian laws recognize that there is a power imbalance between employees and employers. What this means is our laws include legal protections for employees and legal obligations for employers. As an employer, you might wonder, what is at stake for not following the rules?