Note: This article does not contain legal advice about employment law. If you would like advice on your specific situation, please contact Spraggs Law.
Today, the Spraggs Law team has compiled a list of employment law FAQs and discusses common misconceptions.
“Do I need an employment contract?” and other related employment law FAQs are some of the most common queries we field here at Spraggs Law.
Employment laws were originally implemented to shield employees and employers alike. This is namely, but not limited to, misconduct regarding minimum wage, workplace safety, and compensation. As such, it is crucial that both employers and workers know their rights and are not dissuaded by common employment law-related myths and misconceptions.
Listed below are three of the most common employment law FAQs we handle and what working Canadians should know regarding them.
“Do I Need an Employment Contract?”
When this question is asked, the real meaning behind it is typically, “Do I need a written employment contract?”
This is because an employment contract always exists, even if it isn’t in writing: an employment contract is defined as the agreement between employee and employer that governs the terms and compensation of the work done..
A written employment contract provides clarity to both the employee and the employer. Ideally, a written employment contract should include:
- Employee classification
- Job title and responsibilities
- Salary and benefits
- Work hours and schedule
- Paid and sick leave policies
- Termination clauses
- Confidentiality terms
“What is ‘Constructive Dismissal’?”
One of the other most common employment law FAQs we handle is, “What is ‘constructive dismissal’?”
Also referred to as ‘forced resignation’, the term constructive dismissal pertains to a situation in which employment ends immediately due to employer misconduct. It is necessary to be able to illustrate that the employer has made a significant alteration to the nature of the employment duties or compensation which is a breach of the employment contract. Because of the original employment contract being fundamentally breached due to this violation, the employee may treat the agreement as over and state that it was a wrongful termination.
Employees are responsible for proving constructive dismissal and, if they cannot, are not entitled to wrongful termination-related damages.
Common examples of constructive dismissal are a reduction in compensation or an unwarranted demotion.
“Are Fired Employees Entitled to EI Benefits?”
No, fired employees (otherwise known as employees who have been ‘dismissed with cause’) are not entitled to EI benefits.
However, they may be entitled to EI benefits if it can be proved to Employment and Social Development Canada that they have been unfairly dismissed.
Employees are not entitled to EI benefits if they:
- Left a job voluntarily or without just cause
- Are unemployed due to participating in a labour dispute
- Were dismissed for misconduct
- Lost or quit their job because they did not comply with their employer’s mandatory COVID-19 vaccination policies
Do you need help with an employment contract or other employment law concern? Spraggs Law can help
Give us a call at 604 359 1627 for a free consultation to discuss how we can offer personalized assistance based on your circumstances