Employment Lawyers BC

If you're having a problem at work, it can be difficult to know where to turn for help. In many cases, the matter can be resolved by talking with an experienced employment lawyer.

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Whether you’ve had your employment rights violated, want your employment contract reviewed, or are dealing with other labour-related issues, our Vancouver employment lawyers are here for you. We are a full-service law firm and have represented clients in wrongful dismissal claims, workplace injury, and countless other employment-related matters through various legal avenues.

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Our KSW lawyers have over 65 years of employment law experience, including experience litigating at all levels of Court, provincial and federal workplace tribunals, and judicial reviews. We are known throughout Vancouver, the Lower Mainland, and British Columbia for our thorough and professional representation and innovative approach to cases.

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How an Employment Lawyer Can Help You

Employment law is a specialized area, so we have a team of employment lawyers who focus solely on this field. An employment lawyer has the skills and know-how to guide you and give you the right advice if you have a problem in your workplace that requires legal services.

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We want to empower our clients with the knowledge to make the right decisions in their workplace. We do this by educating employees and employers on their rights and obligations under employment law and tirelessly working with them to achieve the outcome that meets their needs.

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The modern workplace is constantly changing and presenting unique problems for individuals. By working with an employment lawyer from our firm, we can help you resolve matters by defending your interests and giving you the edge you need to come out on top in employment-related disputes and litigation.

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We strive to make workplace law comprehensible and provide guidance that helps stressed and confused employees and/or employers who are facing legal problems and in need of help. If you're facing discrimination or workplace harassment, you can trust our employment lawyers to advocate for you and your job rights to help you get the resolution you deserve.

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If you're in British Columbia and in need of legal help, contact us here.

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What Do KSW Law's Employment Lawyers Deal With?

Our KSW employment lawyers advise clients throughout British Columbia on all labour and employment-related matters. An employment lawyer can help you understand your employment rights and explain your options if you have been treated unfairly.

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This includes representation in trials concerning labour & employment law, labour relations, wrongful dismissal, employment standards, WorkSafeBC, information & privacy, EI & CPP, as well as discrimination & harassment cases in Vancouver and around British Columbia.

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We're also happy to inspect employment contracts, severance packages, and other workplace agreements (such as non-disclosure, non-compete, and non-solicitation agreements) and explain them to you in ordinary language.

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BC Employment Law FAQs

British Columbia

Most employment rights are covered by provincial legislation, however, federal law applies in certain circumstances. For provincially regulated workplaces in BC, the Employment Standards Act sets the rules for payment, compensation and working conditions in most workplaces.

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Employment Contracts

What are employment contracts in BC?

An employment contract is an agreement between an employee and their employer. It specifies the terms of the employer-employee relationship, including things like work hours, responsibilities, compensation, and termination terms.

In BC, what forms do employment contracts come in?

Employment contracts can either be in written or oral form. Both forms of employment contracts are equally enforceable, however, in the absence of an enforceable written employment contract, the employee will be entitled to certain common law rights, such as severance pay/notice period.

Should I have an employment contract for each worker?

Without having employment contracts for their workers, an employer is opening themselves up to risk. In BC courts have the power to grant terminated employees up to 2 years of severance pay in lieu of a notice period.

What are the minimum employment standards that an employer in BC must adhere to?

All employers in British Columbia must respect basic rights and abide by specific minimum laws set out in the Human Rights Code and the BC Employment Standards Act.

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Harassment, Bullying, and Discrimination 

What areas are covered under human rights law?

Employees are protected from discrimination in their place of work on the basis of age, race, sexual orientation, family status, mental/physical disability, and more.

What is considered harassment and bullying in the workplace?

Harassment is defined as inappropriate conduct, comments, displays, actions, or gestures by a person that constitutes a threat to the health or safety of a worker. The harassment is either based on an employee's membership to a protected class (race, gender, and more) or adversely affects their psychological or physical well-being. Examples of bullying and harassment.

What if an employee says that another co-worker is harassing another employee? What must an employer do?

It is an employer's duty to address any incidents of harassment their workers' report. Employers should remember that employees have the right to work in a safe and healthy workplace. Employers have a duty to take all reasonable steps to ensure the health and safety of their workers.

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Termination

What is termination with just cause in BC?

This occurs when an employer terminates an employee due to serious misconduct, as laid out in their employment contract. The burden of proof lies with the employer, the employer needs to prove that the employee's conduct has breached the terms of the contract and that the relationship cannot be repaired.

What is constructive dismissal in BC?

An example of this is when, without getting the employee's agreement beforehand, an employer substantially changes the terms of an employment contract. If this is found to be the case, the worker may be able to claim dismissal and damages.

Is resignation considered quitting in BC?

In resignation, an employee voluntarily ends the employment relationship or "quits". If an employee quits their job, they're not paid compensation for the length of employment unless they can show it was a constructive dismissal.

What constitutes a wrongful dismissal in BC?

If an employer terminates a worker without respecting their legal rights, it may be regarded as wrongful dismissal. In this case, the worker would be entitled to damages.

Can an employee be laid off temporarily in BC?

In BC employment law, temporary layoffs are only permissible if the following conditions are met:

• an employee's contract gives express permission for it;
• it is a common practice in the industry they work; or
• the worker agrees to the layoff.

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Severance Pay

What is severance pay in BC?

When employers terminate workers without cause, this is the amount of money that they compensate a worker.

What is a severance package in BC?

A severance package is a slightly different term than severance pay, it may include other compensation and benefits as well as a cash payment.

Is severance pay mandatory in BC?

Severance pay is mandatory in BC only under certain conditions, for example when an employee is:

           - let go by their employer, either through a termination without cause or constructive dismissal

           - not provided a working notice period, or the period isn't long enough and fair compensation is still required

           - incorrectly fired "for cause".

Are employees entitled to reasonable notice in BC?

Employees are entitled to reasonable notice when terminated from their job. If reasonable notice is not given, they are entitled to a severance payment in place of the notice.

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Non-Competition and Non-Solicitation Clauses 

What are non-competition clauses in BC?

When a worker signs a non-competition clause, it prevents them from working with a competitor for an agreed amount of time after leaving the business.

What are non-solicitation clauses in BC?

When an employee signs a non-competition clause, they are allowed to work anywhere after leaving the business, however, they are not allowed to solicit their former employer's clients.

Are non-competition and non-solicitation clauses enforceable in BC?

If a worker is wrongfully dismissed, both non-competition and non-solicitation clauses may be considered unenforceable. In all other cases, they may be enforceable.

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Dependent Contractor

What is a dependent contractor in BC?

A dependent contractor in BC is a contractor who is economically dependent on their principal employer.

Can I get severance if I was terminated as a dependent contractor in BC?

This can be a source of confusion for some folks as employees and dependent contractors are entitled to severance whereas independent contractors are not.

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Overtime Disputes

What are employee overtime entitlements in BC?

In BC, overtime applies to hours that are greater than either eight hours per workday or 40 hours per week. Most workers exceeding eight hours per day or 40 hours per week must be paid at the overtime rate by their employer.

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Our Employment Lawyers in British Columbia

Labour and employment law is constantly evolving. Our firm has the up-to-date knowledge necessary to protect your rights and support you in settling conflicts. Our firm has specialized working groups with extensive expertise in various areas of employment law, including Employment and Labour, and WorkSafeBC.

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Our lawyers have successfully represented both employers and employees in a wide variety of matters before all levels of court. We frequently represent clients in matters involving wrongful dismissal claims, human rights complaints, harassment complaints, and other labour negotiations.

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We are passionate about helping our clients resolve the challenges in their workplaces. When you work with our team of lawyers, you work with a group of people who are focused on helping you find solutions that work for your needs. No matter what type of challenge you're facing in your workplace, our firm will protect your rights and prepare for a successful outcome.

We're on Your Side

Protecting your rights as an employee is a vital function of the law and our employment lawyers are dedicated solely to helping you resolve your employment law cases in the most efficient manner possible.

If your employment rights have been violated by an employer, colleague, or another party in your place of work, start by contacting us with a brief overview of your problem and our team of employment lawyers will get in touch.