All Questions
Tagged with employment canada
57
questions
-1
votes
2
answers
105
views
Is it legal for employer to make getting paid for work contingent on completion of certain tasks?
I sometimes do part time work where I'm periodically required to provide proof of residency documents for tax reasons. Management said I need to do this to get paid, but someone else advised they can'...
- 187
2
votes
2
answers
194
views
If a worker quit his old job because a recruiter at a new job contacted him with an appealing offer, can he still be fired without cause in probation?
This is a hypothetical question. I understand that in ordinary circumstances, when starting a new job, the probation period allows an employer to terminate the employee for any or no reason, provided ...
- 187
2
votes
2
answers
1k
views
Liability for damage to work equipment while used at home with employer permission
Please consider the following hypothetical situation:
An employee in Prince Edwards Island, Canada borrows a mini-excavator from his/her employer with permission from his employer. While the employee ...
- 21
1
vote
2
answers
136
views
Is a worker either an employee or independent contractor? Or could they be something else?
Is it possible for a paid worker to neither be an employee nor a contractor? Is there some other category or classification, or must the worker be one or the other? In general people talk about ...
- 187
1
vote
1
answer
127
views
Can a person agree not to disclose how their employment ended?
Can an employer fire an employee without cause and tell them that the reason for his departure from the company is strictly confidential? What if it's part of a settlement agreement? For example if ...
- 85
0
votes
1
answer
68
views
Can a government lawyer's duty of loyalty be ended in Canada?
I assume the following:
A lawyer employed by the Government of Canada (GC) has an attorney-client relationship with GC.
The "attorney" is the lawyer, the "client" is "...
- 136
4
votes
0
answers
93
views
As an employee who is paid hourly, how much should be paid to pick up a common supply a any store anytime before shifts?
An employee works at a banquet hall or something similar. Often he is told to pick up ice from a store before work and bring it. He is reimbursed for the ice but not compensated for his time. ...
- 187
0
votes
1
answer
135
views
Does the labor code supersede an employment contract for notice service? (Canada, NS)
Just a technical question.
My employment contract states that notices must be served by Courier, Mail or Email and that my notice period is 30 days from service.
The NS Labor Code states:
Notice of ...
- 101
1
vote
1
answer
528
views
What are the laws for lunch breaks for salaried employees in Alberta, Canada?
Alberta Law: https://www.alberta.ca/hours-work-rest.aspx
An employee is entitled to one 30-minute paid or unpaid break after
the first 5 hours of work for shifts that are between 5 and 10 hours
long.
...
user46077
0
votes
1
answer
49
views
can compensation disclosure to other employees be a basis for dismissal in quebec?
Can sharing or discussing you compensation with your colleagues be a reason for being fired or be a basis for any other decision by the employer?
I know there are rules in Ontario against this but I ...
- 1
4
votes
1
answer
91
views
May a UK academic employer ask the latest pay slip of my current Canadian job?
As a postdoc in a Canadian institution, I have been offered a lecturer position in UK. In the offer email I have received, one clause reads as follows:
Please could you provide evidence of your ...
user36135
2
votes
1
answer
175
views
Does an employee have any responsibility to protect company assets?
I work in a store. A customer made a purchase. But had another bottle in his hand that he didn't put on the counter for me to scan. I asked if he had already paid for it. He tried to pick a fight ...
- 35
0
votes
1
answer
89
views
How many days of vacations am I entitled to?
I started on August 19 2020 and vacations are added on May, so between August 19 2020 and May 1 2021, I had around 9 days of vacation, but then HR tells me between May 1 2021 and May 2022, I can only ...
- 5,180
0
votes
1
answer
359
views
Union fees were deducted but was never told there was a union
I ask this question just out of curiosity. Please advise if it's a better fit for workplace or some other site.
I was hired to work at a store. I quit after having worked 2 hours. Part of the reason I ...
- 407
1
vote
1
answer
96
views
What legislation applies to paid focus groups? Do labour laws?
There is a group on Facebook that connects people with local paid focus groups. Usually there are screening questions that are asked over Facebook messenger. Some examples of such screening questions ...
- 23
0
votes
0
answers
99
views
Can employers in Canada provide different Health benefits based on family or marital status?
My employer offers a health benefits plan where the amount that can be claimed towards the benefits plan is higher for employees who have a spouse, and even higher for employees with children. I am ...
- 1
1
vote
2
answers
83
views
Do all the statements an employer makes about a workplace have no effect when signing a contract with an integration clause?
Take the following term in an employment agreement for example:
This Agreement constitutes the entire Agreement of the parties with
respect to its subject matter and supersedes all other Agreements
...
- 175
3
votes
2
answers
209
views
Can employer ask about medical information such as vaccines (not specifically COVID19)?
Regarding employers asking for proof of COVID19 vaccination, my friend argued this is illegal because they aren't allowed to ask for other medical information (such as vaccination against Hepatitis C) ...
0
votes
1
answer
104
views
If Party X tells Party Y something untrue about Party Z, if Party Y repeats it is this defamation (if it's obviously false)?
I had a short term job that I was fired from. I was told that someone tripped and was injured on something I left laying around, which in fact I didn't do. As "proof" my manager showed me ...
- 23
4
votes
2
answers
263
views
Can lack of dual citizenship be a job qualification in Canada?
Some organizations in Canada have an official preference for hiring Canadian citizens, and say so in job announcements. If one is a Canadian citizen but also a U.S. citizen, does that mean one would ...
- 3,276
1
vote
1
answer
177
views
Can a manager reduce my work hours because there has been (unverified) issues with a coworker?
I am having a conflict with a coworker. Without going into the nature of the conflict, the manager wants to schedule us on separate days. However this would mean a reduction in the hours I work in a ...
- 133
5
votes
1
answer
199
views
Does a store have to hire someone with conflicting views on the pandemic?
Suppose a store is considering an employee for hire when a social media review finds views that conflict with both prevailing governmental advice as well as the views of management. If the discovery ...
- 163
2
votes
0
answers
26
views
Can a civil action started under Ontario's Simplified Procedure be moved to Small Claims Court?
Under Ontario law, is it possible for a plaintiff bringing a wrongful dismissal civil action to change venues some time after pleadings have been filed, but before the action has been set down for ...
- 21
0
votes
2
answers
4k
views
Can employer deduct minutes worth of pay for clocking out few minutes early?
I started working in a retail store. We are scheduled to work for 30 minutes after the store closes to finish the closing procedures (such as turning off lights, locking doors etc). For example if the ...
- 205
4
votes
1
answer
2k
views
Must an employer provide a break room/lunch room to its employees?
I started working in a retail store. It has no lunch room, break room, or a place where employees can sit comfortably to relax. In practice there's a storage area where people use bins to eat their ...
- 205
1
vote
1
answer
310
views
Can an employee be disciplined for breaking a rule that is clearly not usually enforced?
I started a new job working in a retail store. The employee handbook has several official rules and policy which are clearly not enforced. For example
no dogs in the store
no cellphones at work
...
- 205
0
votes
1
answer
441
views
When does "forced flex time" become "unpaid overtime"?
Jurisdiction: Ontario, Canada.
Facts:
Salaried employee.
Employer has made it very clear that working hours are strictly 9:00 - 12:00, 1:00 - 5:00. No flex.
Clients often request services outside of ...
- 103
1
vote
2
answers
249
views
Can an employment contract exclude "reasonable notice at common law"?
In an employment contract, is this enforceable?
The Company may terminate your employment at any time, without just
cause, by providing you with the minimum notice or pay in lieu, that
you are ...
2
votes
1
answer
225
views
Can an employer force me to quit my old job, claiming it's a conflict of interest, if I never agree to it in an employment contract?
This question is about when is something legally binding. Say I am an interview for a new company. They advise me that continuing to work for my old one (even on a part-time basis) would be a conflict ...
1
vote
2
answers
182
views
Are provisions requiring employees to provide certain amount of notice before quitting, enforceable?
To my understanding giving 2 weeks notice when quitting is customary, though not legally required. Can an employment contract stipulate that the 2 weeks are mandatory?
I'm curious how it would be ...
- 91
1
vote
2
answers
716
views
Can an employer charge employee/contractor a processing fee for payment?
I had worked for a company (whether as an employee or contractor is disputed). They would e-transfer me payments and take a small amount off to cover the cost of e-transfer. I told them I never agreed ...
- 91
2
votes
2
answers
3k
views
Can a person be fired for not agreeing to a contract at work?
I have seen contracts (relating to employment) which contain terms like "by accepting this position you agree to sign an NDA that you will be provided on your first day of work". To my understanding ...
- 129
1
vote
1
answer
214
views
Can a contractor have scheduled work canclled for no reason?
I work as a contractor for a company. A (small) dispute arose over an invoice I submitted. Out of retaliation the company cancelled my scheduled shifts. Are they allowed to do that? This is in Canada. ...
- 91
2
votes
1
answer
185
views
Can an employee be effectivley fired by making their work really bad?
To my understanding
An employer is allowed to reduce an employees wage without reason
An employer can cancel or reschedule shifts without reason or send an employee home without pay
Canada is not ...
- 63
2
votes
1
answer
245
views
Can an employer reprimand an employee for posting negative reviews on social media?
If an employee posts on social media that a company is bad to work for, can they get fired or reprimanded for it? What if they gave specific examples, like how the employer reduced their wage without ...
- 173
1
vote
1
answer
33
views
How to determine which court to apply to when parties are in different areas?
I am considering taking an employer to court. It would be regarding whether or not I'm a contractor or employee (and thus entitled to different benefits).
I am not sure which court I would apply to. ...
- 129
1
vote
1
answer
209
views
Can I be required to take a 2 hour unpaid break?
I live and work in BC but my work contract says it's to be interpreted by the laws of Ontario. I have a shift scheduled where there is an unpaid 2 hour break in between. So for example I work 9AM-1PM ...
- 205
1
vote
1
answer
580
views
Is it legal for employers to ask for social media handles?
is it legal for employers to ask for social media handles in job application or pre-employment forms? If it is unrelated to the job?
I understand for jobs like marketing, modeling etc. where a large ...
- 123
0
votes
3
answers
435
views
Does a non-competition clause bond me to a minimum term of employment?
I am an IT instructor in a private educational institution in British Columbia, Canada. They gave me a agreement which includes a section “non-competition clause” with these lines:
He or she agrees ...
0
votes
2
answers
135
views
Legally withold payment for services rendered beyond a weekly limit? - Canada
If a contract specifies that work be rendered for services between 8 and 16 hours per week, and the month averages to 16 hours per week but certain weeks are in excess of 16 hours, is it legal to ...
- 170
1
vote
1
answer
197
views
What questions can be asked in interview? Can questions that can be used to illegally discriminate be asked?
I'm part of a group that gets job openings for short term contract gigs, often done in retail environments. During the interviews or online application process, a lot of companies ask for rather off ...
- 13
1
vote
1
answer
202
views
Opening a daycare near previous employment
Location: Canada, Ontario
Background: A friend got a one-year contract to work at a daycare from June 2017 to June 2018, but was let go after working two months. Key things on the employment ...
- 131
4
votes
1
answer
402
views
When can jobs discriminate against a protected class?
In Canada the Human Rights Act protects against discrimination relating to
race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability ...
- 591
3
votes
1
answer
676
views
Can an employer legally confiscate property that they suspect to be illegal?
Some time ago (2017), an employee brought a bag of what was presumed to be cocaine to their private sector workplace located in Alberta, Canada. The employer demanded the employee hand the item over (...
user15867
1
vote
1
answer
684
views
How long does employer have to pay after job is done?
I had worked 2 weeks for at an event through a temp staffing agency. The last day of work was April 2nd. A week latter I submitted my invoice. I still haven’t gotten paid. How long does an employer ...
- 13
6
votes
1
answer
2k
views
Fired for refusing overtime? (Canadian Engineer)
So I'm in a bit of a tricky situation right now, and would like some advice. Here is the relevant background information:
I am a salaried employee (engineer in training) based in Ontario, Canada. ...
- 161
1
vote
1
answer
73
views
In Canada, do employees have the right to not be listed publicly?
Let's say Microsoft Canada decided to put online their employee directory (name, title, phone number, work address), indexed by Google.
Let's say one employee does not want people to find out where ...
- 121
1
vote
2
answers
167
views
Is employer required to honor an oral vacation approval?
Someone close to me, let's call her Jane, has a problem with an employer in Toronto (Ontario, Canada). Jane's elderly mother (let's call her Ingrid) is planning to visit Jane from overseas, with great ...
- 203
2
votes
1
answer
155
views
In Canada, does any claim less than $25,000 have to be made within 2 years of the offense?
In the province of BC small claims court hears claims of up to $25000. A plaintiff has two years to file a claim from when the incident occurred. Does this mean for things less than $25000 a potential ...
- 25
2
votes
0
answers
481
views
Can Canadians who are professional actors come to the U.S. for pleasure (non-work)?
My friend is a Canadian actress (who I also represent) and she was just wondering if it's possible that she can come to the U.S. like any other Canadian might for "pleasure" or the usual 6-month stay ...
- 21