YLaw - Family Law Firm Vancouver & Surrey, BC Lawyers. Divorce, Children & Common Law. Asset & Debt Division, Spousal & Child Support. Settlements, Appeals & Agreements. Estate, Corporate & Immigration Litigation. | HQ: 580-1122 Mainland St, Vancouver, BC V6B 5L1

Comprehensive Employment Law Services in Vancouver, Surrey, and Chilliwack

Welcome to YLaw, BC’s trusted and award-winning Employment Law Firm.

What sets us apart is the fact that we first innovated progressive and bold workplace policies within our company, prior to embarking onto employment law and consulting other companies and employers about the best workplace policies and practices.

We therefore understand what makes a workplace safe, equitable, and healthy. Some of our innovative policies included First Trimester Leave, Pay Transparency and Uniformity, and Holiday Swaps.

We are also die-hard protectors of employees’ rights. If your rights as an employee have been violated, we leave no stone unturned and stop at nothing until we get you a just and fair outcome.

We serve clients across British Columbia through our five offices. We have a strong track record of resolving complex employment disputes, preventing costly mistakes, and promoting fair workplaces.

From wrongful dismissal to workplace investigations, we offer strategic, proactive, and compassionate legal counsel.

 

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For Employees

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Wrongful Dismissal, Constructive Dismissal & Severance

Employees are entitled to fair notice or compensation if they are terminated without just cause.

Often, the employment contracts you sign may not comply with BC Laws and therefore you may be entitled to more notice of termination, or more compensation upon termination than your contract provides..

Our employment lawyers assess termination cases, negotiate severance packages, and help clients claim unpaid entitlements.

We also assist those facing constructive dismissal—when an employer makes the work environment so intolerable that the employee has no choice but to resign, or when an employer makes significant, unapproved changes to an employee’s employment terms that force an employee to resign.

Learn more about Wrongful Dismissal & Severance

Workplace Harassment, Sexual Harassment, Bullying & Discrimination

Sexual harassment and bullying within the workplace are, unfortunately, not new issues. Employment laws in BC and Canada are evolving to focus on addressing and legally punishing these toxic human behaviours, thus holding those responsible accountable.

Our legal team supports clients who have experienced or are facing psychological, physical, sexual, or verbal harassment within the workplace.

We also handle unlawful discrimination cases based on race, gender, age, disability, or other protected grounds under the BC Human Rights Code.

Learn more about Workplace Harassment & Discrimination

Employment Contracts, Non-Compete & Non-Solicitation Agreements

These contacts must be written in very specific ways, and if your employer does not comply with such specifications (such as geography, duration, etc.), such clauses in employment contracts may not be enforceable.

We help employees understand the implications of their employment contracts, including any non-compete and non-solicitation clauses, and assist employees in nullifying unfair restrictions.

Learn more about Employment Contracts

Leaves of Absence,  Workplace Equity, & Employment Standards

In BC, the Employment Standards Act provides a comprehensive code of minimum entitlements for Employees. For example, employees have rights to various types of leaves, including parental, medical, and personal leaves.

Often, employers do not allow for these leaves, or minimum entitlements, or unknowingly violate the rights of their employees when it comes to leaves, or other protected rights under the Employment legislation. We have significant experience about your legal entitlement under the relevant Employment legislation and are here to support you.

Learn more about Leaves of Absence, Workplace Equity, and Employment Standards

 

For Employers

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Hiring & Employment Contracts

Employment contracts are fragile. They are open to constant challenge by the courts and can be rendered null and unenforceable if they don’t follow complex and specific employment law principles which are ever evolving.

If an employment contract is rendered invalid, the employer may face having to pay fortunes to an employee.

It is therefore critical that employers invest in legally sound contracts that prevent risks of future liability.

Employment contracts are like insurance. They should be carefully written, customized and designed to specific employers and employees.

That is why our employment lawyers draft clear, legally sound employment contracts, including executive agreements and restrictive covenants (non-compete, non-solicitation clauses).

Our goal is to minimize disputes and set expectations from day one.

Learn more about Hiring & Contracts for Employers

Workplace Policies, Compliance & Assessments

We advise employers on creating mandatory and compliant workplace policies and conduct thorough internal assessments into the culture and set up of various companies. Our services help protect your business against future liability and foster a safe environment.

Learn more about Workplace Investigations & Compliance

Terminations, Dismissals & Severance

We provide employers with strategic advice on lawful termination practices, severance calculations, and risk mitigation to avoid claims of wrongful dismissal or human rights violations.

Learn more about Employer Termination Strategies

Workplace Disputes & Mediation

Workplace conflict can disrupt business operations and employee morale. We offer out-of-court solutions such as employment law mediations and alternative dispute resolution services to resolve conflicts efficiently, confidentially, and fairly.

Learn more about Workplace Mediation Services

Defending Human Rights & Discrimination Claims

If your organization is facing a human rights complaint or discrimination claim, you will need expert legal representation to navigate the ever-changing landscape of these laws and practices.

Our lawyers will vigorously defend your interests. We provide legal representation before tribunals and advise on proactive measures to prevent future disputes.

Learn more about Defending Human Rights Claims

 

Why Choose YLaw for Employment Law?

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  • We have innovative state-of-the-art workplace policies as a company and know what other companies and employees need;
  • We are one of the fastest-growing law firms in the country. This is due to our quality of service to our clients
  • We all collaborate on your case together and give it our all
  • We have won awards such as Top 25 Lawyers in Canada
  • We represent both employees and employers, providing a 360-degree understanding of workplace dynamics

 

Frequently Asked Questions

Here are some of the most common questions we receive about employment law in British Columbia.

Wrongful & Constructive Dismissal

  • What is wrongful dismissal? In BC, wrongful dismissal occurs when an employer terminates a non-unionized employee without providing the proper amount of severance pay. It’s important to note that wrongful dismissal doesn’t necessarily mean you were fired for an illegal or “wrong” reason. An employer can terminate an employee for almost any reason, as long as it’s not discriminatory, but they must provide adequate notice or pay in lieu of notice.
  • What is constructive dismissal? Constructive dismissal happens when your employer makes a significant, unilateral change to a fundamental term of your employment contract, and you do not consent to the change. Examples include a significant pay cut, a demotion, or a major change in your job duties. In these situations, you may be able to treat the employment relationship as having been terminated by the employer, even though you were not formally fired. An employee may also be able to allege constructive dismissal where the employer’s unilateral actions have made the workplace so hostile or toxic that it is clear that the employer no longer intends to be bound by the terms of the employment agreement.
  • How much severance pay am I entitled to? The amount of severance pay you are owed depends on several factors, including your age, length of service, the character of your employment, and the availability of similar employment. While the Employment Standards Act provides minimum entitlements, the common law often provides for a much more generous severance package.
  • What should I do if I’ve been wrongfully or constructively dismissed? If you believe you have been wrongfully or constructively dismissed, it’s crucial to seek legal advice before signing any documents from your former employer. An experienced employment lawyer can help you understand your rights and negotiate a fair severance package.
  • What if I have been laid off due to shortage of work or restructuring? Being “laid off” is the same thing as being terminated or fired “without cause.” Any employee laid off due to shortage of work or corporate “restructuring” is entitled to notice or pay in lieu of notice (subject to the applicable regulations). An employer may temporarily lay off an employee, but only if: 1.) they follow the requirements laid out in the Employment Standards Act regarding length of lay off and recall; and 2.) they have a written clause in their employment contract that permits temporary layoffs.
  • What if my employer refuses to pay me overtime? All non-managerial employees are entitled to overtime pay pursuant to the terms of the Employment Standards Act, even salaried employees in certain circumstances. Employers often mischaracterize employees as managers, either unknowingly or in an attempt to avoid the obligation to pay overtime wages. Employers also often make mistakes when calculating overtime or by forcing employees to bank overtime incorrectly. If you are concerned that your wages are not being calculated appropriately, it is important to contact an employment lawyer to discuss your options.

Workplace Harassment and Bullying

  • What constitutes workplace harassment and bullying? Workplace bullying and harassment includes any inappropriate conduct or comment by a person towards a worker that the person knew or reasonably ought to have known would cause that worker to be humiliated or intimidated. This can include verbal aggression, insults, spreading malicious rumors, and more.
  • What are my employer’s obligations regarding workplace harassment? Employers in BC are legally required to take reasonable steps to prevent or otherwise minimize workplace bullying and harassment. This includes having a policy and procedures in place for workers to report incidents and for the employer to address complaints.
  • What should I do if I’m being harassed at work? If you are experiencing harassment, you should first report it to your employer, following their internal reporting procedures. If your employer fails to take reasonable steps to address the issue, you may have other legal options, including filing a complaint with WorkSafeBC or the BC Human Rights Tribunal.

Employment Contracts

  • Are non-compete clauses enforceable in BC? Non-compete clauses are often difficult to enforce in British Columbia. For a non-compete clause to be enforceable, it must be reasonable in terms of its geographic scope, duration, and the nature of the activities it restricts. Courts will carefully scrutinize these clauses to ensure they do not unduly restrict an individual’s ability to earn a livelihood.
  • What should I do before signing an employment contract? It is always a good idea to have an employment lawyer review any employment contract before you sign it. A lawyer can help you understand the terms of the agreement, identify any potentially problematic clauses, and negotiate for more favorable terms.

Employee Rights

  • What are my rights to leaves of absence? In BC, employees are entitled to various types of job-protected leave, including maternity and parental leave, sick leave, and compassionate care leave. The specific entitlements and requirements for each type of leave are set out in the Employment Standards Act.
  • What if my long-term disability claim is denied? If your long-term disability claim has been denied, you have the right to appeal the insurer’s decision. It is highly recommended that you seek legal advice from a lawyer experienced in disability claims to assist you with the appeal process.

For Employers

  • When should I conduct a workplace investigation? As an employer, you have a legal obligation to investigate complaints of workplace harassment, discrimination, and other forms of misconduct. A timely and thorough investigation can help you address issues before they escalate and can also be a key part of your legal defense if a complaint is filed against your organization.
  • What is the role of mediation in resolving employment disputes? Mediation is a voluntary and confidential process where a neutral third party (the mediator) helps the parties in a dispute reach a mutually acceptable resolution. Mediation can be a cost-effective and efficient way to resolve workplace conflicts, and it can help preserve the employment relationship.
  • How can I defend my organization against a human rights complaint? If your organization is facing a human rights complaint, it is important to take the matter seriously and seek legal advice from an experienced employment lawyer. A lawyer can help you understand your legal obligations, respond to the complaint, and represent you in any proceedings before the BC Human Rights Tribunal.

 

Contact YLaw’s BC Employment Lawyers

If you are facing an employment issue or want to prevent workplace disputes, contact YLaw’s experienced team today. We are ready to protect your rights and help you move forward with confidence.

Contact YLaw’s Employment Law Team

Our Lawyers

Leena R. Yousefi

Leena R. Yousefi

CEO | Lawyer | Mediator

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