You might be on stress leave right now, staring at your inbox while your heart pounds every time a message from HR appears. Maybe you open the email, read the first few lines, and feel your chest tighten. You want to be reliable. You want to “pull your weight.” But your body is reacting as if you are in danger every time work reaches out.
That does not mean you are weak.
It is not a character flaw if a toxic workplace makes you sick. Many people in British Columbia develop anxiety, depression, burnout, or physical symptoms after months or years in an unhealthy environment. You are not overreacting when your mind and body finally say they can’t take it any more. Feeling frozen, ashamed, or worried about money is a normal response to a very hard situation.
From the outside, it can look like “just a tough job.” In reality, what you are going through may be a legal problem, not a personal failure.
In BC, long term workplace stress and bullying can become:
When stress, bullying, disability and job security collide, everything can feel tangled together. You might be asking yourself if you should quit, sign a package, apply for LTD, or just try to push through. It is very hard to make clear decisions when you are exhausted and worried.
You do not have to sort this out on your own. Before you resign or sign anything, you can always book a free consultation to talk it through with Tim Louis and get advice that takes both workplace stress and disability into account.
In many cases, yes. In British Columbia, workplace stress can become a “real” disability in law when it causes an actual medical condition that limits your ability to work and live your life.
Under the BC Human Rights Code, disabilities are not limited to broken bones or visible injuries. Mental health conditions such as anxiety, depression, PTSD and diagnosed burnout are recognized as disabilities when they create real limits on what you can safely do at work.
There is an important difference between short bursts of pressure and ongoing illness. A rough week at work that leaves you tired for a few days is usually not enough. What the law looks for is persistent symptoms that are diagnosed or at least documented by a health professional. That might include panic attacks, insomnia, concentration problems, emotional exhaustion or physical symptoms that your doctor connects to stress at work.
Put simply, stress that makes you sick and unable to function is often more than a bad week. In legal language, it may be a disability that triggers your rights under human rights law, employment law and disability benefits.
Your employer cannot legally fire you because of your disability or because you took job protected medical leave. They also cannot treat termination as a shortcut instead of making a serious effort to accommodate your limitations, such as reduced hours, modified duties or a gradual return to work.
In some situations, an employer can end employment for genuine business reasons that are truly unrelated to your health. Even then, your rights to severance, reasonable notice and human rights protection still apply. The fact that you were off on stress leave or disability leave does not erase those rights.
If you are worried that a “restructure” or “not a good fit” explanation is really about your health, it is worth getting advice. Tim’s plain language guide “Fired Without Cause in BC?” works together with this article to explain how severance, human rights and workplace stress all connect.
In BC, mental health conditions that affect your ability to work are usually treated as disabilities under the Human Rights Code. That includes anxiety, depression, PTSD, and other conditions that your doctor connects to workplace stress.
When disability is in the picture, your employer has a legal duty to accommodate you to the point of undue hardship. That means more than saying “take a few days off” or “we all feel stressed.” It means looking at concrete changes that might let you keep working safely, such as:
Accommodation is not about creating a perfect job or ignoring safety rules. It is about taking your medical information seriously and working in good faith to find practical options. When an employer simply refuses to talk about stress, says they “do not believe in burnout,” or ignores clear medical limits, that can be discrimination in law, not just a personality clash.
In law, serious unwanted changes or a toxic environment can be treated as constructive dismissal. That means the employer has effectively fired you, even if they pretend you “chose” to leave. Constructive dismissal claims often sit beside human rights claims when stress and disability are involved.
The key point is that being on leave does not erase your rights to severance or fair treatment. If you feel pushed out, pressured to resign, or told to “take it or leave it,” it is usually worth speaking with a lawyer before you make any final move.
For many people, the financial lifeline during a toxic workplace crisis is long-term disability insurance. When stress, anxiety or depression makes it unsafe to keep working, LTD benefits may replace part of your income so you can focus on treatment and recovery.
Most policies use two stages:
Mental health conditions qualify for these tests as long as the evidence supports that you cannot reliably perform the work. That is why consistent medical notes, specialist reports and a clear timeline of what happened at work are so important.
LTD usually does not stop just because the employer ends your job. In many cases, benefits continue as long as you meet the policy test and cooperate with reasonable treatment and reporting. Problems arise when:
The way your employment ends can affect how the insurer views your claim, and the way your LTD file is handled can affect strategy for severance and human rights remedies.
Tim’s long-term disability resources work together with this topic:
When stress, bullying or a toxic job has damaged your health, you are not dealing with just one system. You are standing where human rights, employment law and disability benefits meet. Understanding that intersection is the first step in protecting yourself before you resign, accept a package or try to push through alone.
There is a difference between a busy season and a job that is slowly wearing you down. Many people first notice the impact of a toxic workplace in their body before they have words for it.
You may recognise yourself in some of these signs:
None of this means you are weak. It means your body and mind are doing what they are designed to do. They are sounding an alarm that something about your environment is no longer safe or sustainable.
Toxic workplaces do not always look dramatic from the outside. They often show up as a pattern of behaviour that wears you down over time.
Examples include:
Lawyers and tribunals sometimes call this a “poisoned work environment.” That is a technical phrase for a workplace that has become so hostile that it is no longer reasonable to expect a person to function there. When this kind of behaviour is tied to a health condition or a protected ground such as disability, race or gender, it can move from unpleasant to potentially discriminatory in law.
You do not have to wait until things explode. Writing down concrete examples as they happen can help you and your medical team see patterns that are easy to dismiss in the moment.
For many people, the turning point is a medical appointment that finally names what has been happening. A common path looks like this:
If that happens, you are not imagining things. A health professional is connecting your symptoms to your job and recommending time away so that your condition does not get worse.
From a legal and disability perspective, one practical step can make a big difference: ask your doctor to describe functional limits, not only the word “stress.” For example:
These kinds of notes help in several ways. They give your employer clear information for accommodation. They support human rights and constructive dismissal claims if the employer ignores them. They also strengthen long term disability and other benefits claims because they show how your condition affects real tasks, not just how you feel.
If you are already at the point where your doctor has written you off work, you are dealing with more than a rough patch at the office. You are in the territory where workplace stress and bullying may have become a health issue and, in BC law, potentially a disability. That is often the moment when a conversation with a lawyer who understands both employment law and long term disability can help you plan safe next steps.
In British Columbia, your employer is not allowed to fire you because you went on stress leave or because you have a diagnosed mental health condition. Stress leave is a form of medical leave. Disability, including many mental health conditions, is protected under the BC Human Rights Code.
That does not mean an employer can never end a job while you are away. In some situations a genuine business closure, reorganisation or layoff can still happen. Even then, they must handle termination fairly, which usually means proper notice or severance and an honest explanation of what is going on.
In real life, problem terminations often look like this:
When the timing and the facts suggest that your mental health or your leave played a major role in the decision, there may be both wrongful dismissal and human rights issues in play. The law looks at the real reason behind the dismissal, not just the wording in the letter.
Many people are never formally fired. Instead, they feel pushed to make the decision themselves.
It often starts with comments like:
Other times the pressure shows up after you return from stress leave:
In law, this kind of situation may be called constructive dismissal. That means the employer has changed your job or your treatment so much that it is as if they fired you, even if no one used the word “termination.” The focus is on what a reasonable person in your shoes would think.
A very important warning: resigning without advice can seriously weaken your position. A short resignation email, a text that says “I quit,” or signing a “voluntary separation” form can all be used later to argue that you chose to end the relationship. Before you resign for health reasons, talk to a lawyer about whether what has already happened may amount to a dismissal in everything but name.
Sometimes an employer writes to say that your employment is “frustrated.” The word sounds harsh, and it has a specific meaning in law. Frustration of contract is supposed to apply only when it has become truly impossible to continue the employment relationship because of a fundamental change that no one reasonably planned for.
In the context of disability and stress leave, decision makers look at:
An employer cannot simply point to the length of your leave and say “no severance because of frustration” without considering these factors. In many cases there are still arguments to be made about severance, human rights remedies or long term disability, especially where there were real opportunities to accommodate you earlier.
If you receive a frustration letter, it is worth having the situation reviewed before you accept that you have no further rights.
“We need your resignation”
One of the most common tactics in a toxic workplace is a push to make you resign so the employer does not have to formally terminate you.
If you receive this kind of request, a calm written response can protect you:
“Thank you for your message. I am currently following medical advice and remain on medical leave. I wish for my employment status to remain unchanged while I focus on treatment. I am not in a position to make any decisions about resignation at this time, and I will not be doing so without first obtaining legal advice.”
This kind of note confirms that you are still their employee, that you are following your doctor’s advice, and that you are not choosing to end the relationship.
“Sign this severance package by Friday”
Short deadlines are designed to make you panic. They are not a legal requirement.
You can respond with something like:
“I confirm that I have received the proposed severance package. I will need reasonable time to review it and to obtain independent legal advice before I can respond.”
Many severance packages include a broad release that quietly gives up human rights claims, long term disability claims, or other important rights. The fine print can matter just as much as the dollar figure on the front page. You do not have to sign anything important on a two or three day deadline.
“Return full time or we will treat this as job abandonment”
Employers are allowed to ask for medical information. They are not allowed to ignore it.
If you receive this kind of ultimatum, you can:
“I am enclosing updated medical information that sets out my current restrictions. I am not abandoning my job. I remain available for work that is consistent with these medical limits and for reasonable accommodation discussions.”
This makes it harder for an employer to later claim that you simply stopped showing up.
Sometimes the pressure is not loud. It shows up as silence.
You send medical notes and receive no response. You ask about gradual return options and no one answers. You feel as if your messages are going into a void.
In that situation:
If your case ever comes before a court, tribunal or insurer, that paper trail can speak for you. A record showing that you tried to cooperate and the employer refused to engage can support both human rights and constructive dismissal arguments.
Start by gathering everything into one place. That can include:
You do not have to sort or analyse anything yet. The goal is simply to make sure important pieces do not go missing.
Next, create a short timeline in point form. Include:
This does not have to be perfect. Even a basic timeline helps you, your doctor and your lawyer see the pattern more clearly.
In BC, quick signatures can close doors.
Resignation letters, “voluntary separation” forms and broad severance releases can all limit or erase:
One small decision made on a bad day can have long term effects. A protective rule is simple. Decide now that you will not resign or sign any important document about your job, your severance or your benefits until you have had legal advice.
Your situation sits at the overlap of several legal areas. Workplace stress is not just an employment law issue. It is also a human rights issue and, very often, a long term disability issue.
Tim Louis works in all of these areas, including related estate and trust questions that sometimes arise when long term disability and family finances are involved. That combined approach means your severance, human rights and LTD strategy can work together instead of pulling against each other.
If you are ready to talk through your options, you can contact Tim Louis & Company for a free consultation by phone, email or through the contact form. Services are available in English and Spanish.
Unfortunately, the law does not always wait until you feel better.
Different paths have different time limits, including:
You do not need to know every exact date on your own. You do need to reach out early enough that options are still open. Even a short initial conversation can help you understand which deadlines apply to you.
Workplace stress can be a disability in BC when it leads to a diagnosed mental health condition, such as anxiety, depression or PTSD, that limits your ability to work.
Your employer cannot legally fire you because you are on stress leave or because you have a disability, although they may sometimes end employment for genuine business reasons if they still respect your human rights and severance rights.
Constructive dismissal happens when your employer changes your job or treats you so badly that it is as if you were fired, even without a formal termination letter.
In many cases long-term disability benefits continue after employment ends, as long as you still meet the medical test in the policy and cooperate with reasonable treatment and reporting.
Resigning without advice is almost never a safe first step, because a quick resignation can weaken or wipe out severance, human rights and long-term disability claims.
It is worth getting legal advice as soon as your health, your job security and your benefits start to collide, especially before you resign, sign a severance package or agree to major changes at work.
If a toxic job has made you sick, that is not a personal failing. You did not cause this by needing time off, asking for accommodation or saying that you cannot keep pushing past your limits. You are allowed to take your health seriously and to ask for help.
Workplace stress cases sit where several systems meet. There is employment law, which covers termination, severance and constructive dismissal. There is human rights law, which protects disability and requires employers to accommodate to the point of undue hardship. There is long-term disability law, which focuses on income replacement when your health keeps you from working. Tim Louis works at this intersection every day.
For more than 40 years, Tim has helped people in BC who are dealing with stress leave, bullying, toxic management and long-term disability claims. Clients often say they value his plain-language explanations and the fact that he listens without judgment before giving practical advice.
If you would like to talk through your options, you can contact Tim Louis & Company for a free consultation. Call 604-732-7678, email timlouis@timlouislaw.com, or use the contact form on the website. Services are available in English and Spanish. A short conversation can give you a clearer picture of where you stand and what realistic next steps are open to you.
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You might have been on sick leave, stress leave, long term disability, or another kind of medical leave when the email arrived or the meeting was called. Maybe you are still technically employed, but you feel constant pressure to come back before you are ready, or to “resign for health reasons.” Either way, it can feel like the ground underneath you has shifted all at once.
It is completely normal to be scared and angry. You may be worrying about how to pay the bills, whether your benefits or LTD will stop, and what you are supposed to tell your family. Many people in BC call me because they feel ashamed, as if being fired while on disability means they did something wrong. You did not cause this by getting sick or injured.
What often no one explains is that in British Columbia you still have rights, even if you were fired while on disability, pushed out on medical leave, or pressured during stress leave. Employment law, human rights law, and your long-term disability policy all continue to matter. There is usually more than one path forward, even if it feels overwhelming right now.
My goal in this guide is to slow everything down and walk you through your options, in plain language. You do not have to sort this out on your own. Tim Louis & Company offers a free consultation so you can talk through your situation with a lawyer who understands both employment law and LTD claims in BC.
The short answer is yes, you can sometimes be fired while on disability in BC, but not for just any reason. Your employer cannot legally fire you because of your disability or because you took job protected medical leave.
Three systems work together here. The BC Employment Standards Act gives you protected illness and injury leave and sets some minimum rules about termination and notice. The BC Human Rights Code says disability is a protected ground and requires employers to accommodate your medical limits to the point of undue hardship. On top of that, your long-term disability insurance and your employment contract create another layer of rights and obligations about income replacement and benefits.
When you are fired or pushed out while on disability, you are standing where all three of these systems meet. The rest of this article walks through how they fit together in real life and what practical steps you can take next.
When you are off work for health reasons, it can feel as if everything has blended into one problem. In reality, a few different systems are at play.
One piece is your medical leave from work. BC law gives many workers job protected illness and injury leave. Your employer may call it sick leave, disability leave or something else, but the basic idea is the same. You are off because of a medical condition, and you are not supposed to be punished for using that time.
Another piece is long term disability insurance. If you have LTD through your employer or a private policy, the insurer may pay a portion of your income while you cannot work. Being on LTD does not automatically end your job. It is common for people to remain employees on paper while they receive LTD benefits.
Layered over that is your actual employment relationship. Even when you are away, you still have rights around termination and severance. Factors like your age, length of service and type of work all matter when we look at whether you were treated fairly if the job ends.
These pieces overlap in important ways. Your employer still has a duty to accommodate your disability and to deal with you honestly while you are off. The insurer must follow the LTD policy and apply it in good faith. You continue to have rights under employment law and the BC Human Rights Code, even if you were fired while on LTD or during disability leave.
When people are scared and rushed, they are often pushed into decisions that quietly cut off severance, human rights remedies or future LTD payments. Understanding how these systems connect is the first step in protecting yourself before you resign, settle or sign anything.
In British Columbia, disability is protected under the BC Human Rights Code. That protection does not disappear just because you are off work. If you were fired while on disability, stress leave or medical leave, the key question is why the employer ended your job and what they did before they went that far.
An employer cannot legally fire you because you are sick, injured or using job protected medical leave. They also cannot treat termination as a shortcut instead of making a real effort to accommodate your limitations. If the real reason for the dismissal is your disability, or the employer simply did not want to deal with your restrictions, that can be discrimination.
There are situations where an employer can end employment while you are off. A genuine business closure, major restructuring, or elimination of a department may be allowed if the decision is truly unrelated to your health. Even then, they must handle the termination fairly and respect your rights to notice or severance.
The law expects employers to try reasonable accommodation before they give up on the relationship. That can include a gradual return to work, modified duties, shorter shifts, schedule changes, or moving certain tasks to other staff. Accommodation does not mean creating a perfect job or ignoring safety. It does mean taking your medical information seriously and exploring practical options instead of jumping straight to termination.
When an employer fires someone who is on disability leave without making those efforts, there may be grounds for a human rights claim as well as a wrongful dismissal claim. Even where a termination is allowed for business reasons, you may still be entitled to significant severance.
Not everyone gets a clear termination letter. Many people on disability tell me, “I was not technically fired, but I felt pushed out.” In law, that kind of situation can be called constructive dismissal. It means your employer has changed your job or the way they treat you so much that they have ended the relationship even if they never use the word “fired.”
For workers on disability or medical leave, being pushed out often looks like pressure that builds over time. You may be told it would be “best for everyone” if you resign for health reasons. You might receive an ultimatum: return to full time work by a certain date or your employer will treat you as having quit. Some people come back from stress leave or LTD to find they have been quietly demoted, had their hours cut, or lost long standing responsibilities. Others face coldness, sarcasm or open hostility once they try to return.
When you are exhausted and unwell, quitting can seem like the only way to make the pressure stop. That is exactly why resignation is so risky. If you sign a resignation letter or send an email saying you are leaving, you may weaken or lose your claim to severance. Your disability insurer may argue that you chose to end your own employment and that this affects your LTD benefits.
The important thing to remember is that the law looks at what actually happened, not just what label your employer uses. Serious unwanted changes, or a toxic environment that no reasonable person would tolerate, can be treated as a dismissal even if no one says the word. Quitting should almost never be your first step. Before you resign or agree that you “voluntarily” left, talk to a lawyer about whether what you are experiencing may already be constructive dismissal.
One of the scariest questions people ask me is, “If my job is gone, do I lose my long-term disability?” The honest answer is that it depends on your policy and your situation, but in many cases LTD does not stop just because employment ends.
If your LTD claim is already approved, the insurer usually keeps paying as long as you continue to meet the medical test in the policy and you cooperate with reasonable treatment and reporting. The benefit is tied to your disability, not to whether the employer keeps you on payroll forever. That said, every policy is written a little differently, so it is important to have someone look at the wording before you make big decisions.
If you are still applying, appealing, or fighting a denial, a termination can complicate things, but it does not automatically destroy your LTD claim. Insurers sometimes try to argue that if your job ended, you were not really disabled from it, or that you could work somewhere else. The timeline of symptoms, medical notes, leave and termination becomes very important.
When a job ends, many people also lose extended health and dental coverage that was attached to their group benefits plan. That loss can hurt just as much as the job itself, especially if you rely on expensive medications or therapy.
Be very careful with any severance package that asks you to sign a broad release of “all claims.” Without meaning to, you could give up your right to pursue LTD, human rights remedies or other important claims. Before you sign anything, get legal advice from someone who understands both employment law and long-term disability.
When you are on disability leave, pressure from your workplace can feel relentless. Here are some of the tactics people often face, and some practical ways to respond.
“We need your resignation so we can backfill your position.”
You do not have to resign to make life easier for your employer. A resignation can cut off severance and weaken other claims. You can reply that you are following medical advice, that you wish to keep your employment status unchanged for now, and that you will not be making a decision about resignation without legal advice.
“Sign this package by Friday or it will be withdrawn.”
Short deadlines are there to push you into signing before you understand the consequences. You can respond in writing that you have received the offer and will need time to review it with a lawyer. Reasonable employers accept that, and if they do not, it tells us a lot about how they operate.
“Your doctor must clear you for full duties right away or we will treat this as job abandonment.”
Your employer is entitled to basic medical information about your limits, but they are not entitled to ignore your doctor’s restrictions. Ask your doctor to provide clear functional limitations in writing and send those notes to your employer. Confirm by email that you are not abandoning your job and that you remain available for suitable, medically approved work.
Refusing to accept updated medical notes or ignoring your emails.
When you provide reasonable information and the employer refuses to engage, that can help your case later. Keep copies of everything you send and try to communicate in writing. If they ignore you, do not give up; keep a simple record of dates, messages and responses.
In all of these situations, try not to resign, do not sign complex documents without advice, and do not disappear. Staying calm, documenting what happens, and getting early legal guidance can make a major difference to the outcome.
When your job and your health collide, it is easy to feel frozen. A few concrete steps can protect your rights while you figure out what comes next.
Sometimes employers say, “Your employment is frustrated because you have been off too long.” It sounds harsh, and it is a real concept in law. Frustration of contract means the job has become impossible to continue because of a change no one reasonably planned for. In the disability context, it usually refers to a very serious, long-term condition that makes a return to work unlikely in the foreseeable future.
Whether frustration truly applies is a fact heavy question. Courts look at how long you have been off, what your medical team says about the future and, very importantly, what your employer did to try to accommodate you. A company that never explored modified duties or gradual return plans will have a much harder time relying on frustration.
Long term disability benefits are part of the picture. If your employment contract and benefit plan already contemplated that some workers would be off on LTD for extended periods, courts sometimes treat that as a sign that long absences were not completely unexpected.
The key message is simple. Even if your employer tells you the contract is “frustrated” and offers little or no severance, you should have the situation reviewed. In many cases there are still arguments about severance, human rights remedies or LTD that can make a real difference to your financial future.
Results in this area are not theoretical. BC courts and tribunals look at real workplaces, real illnesses and real decisions by employers.
In one type of case, a worker goes on stress leave after months of conflict. The employer makes little effort to understand the medical limits, rejects suggestions for gradual return and soon sends a termination letter that blames “fit” or “performance.” When the facts are laid out, decision makers may find that disability played a central role, leading to severance plus additional human rights damages for discrimination.
In another type of case, a worker has been on long term disability for years. Medical reports say there is no realistic prospect of returning to any work. The employer eventually ends the employment relationship, but LTD benefits continue because the worker still meets the policy test. The court looks closely at whether the contract was truly frustrated and whether any severance is still appropriate.
These examples are not promises. They are reminders that outcomes depend on the full story, not just one letter or one meeting. Every case is unique. Bring your facts, your documents and your questions. A careful review can help you understand where you stand and what realistic options you have.
They cannot legally fire you because of your disability or because you used protected medical leave. In some cases, they can end employment for genuine business reasons, but your rights to severance and human rights protection still apply.
In many cases LTD continues as long as you meet the medical test in the policy, even if your job ends. The exact answer depends on your policy wording and the facts, so it is important to have it reviewed.
Pressure to “resign for health reasons” or accept that you have quit can be a sign of constructive dismissal. Do not resign before getting legal advice, especially if you are on disability leave in BC.
Constructive dismissal happens when your employer changes your job or treatment so much that it is as if you were fired, even without a termination letter. For people on disability, that often looks like ultimatums, demotions, or a hostile return to work.
Not without advice. A quick signature can quietly give up your rights to full severance, human rights remedies or future LTD benefits, so have a lawyer review any package before you agree.
Some people feel better when they can read more before they reach out. If that sounds like you, these guides are a good starting point.
Plain language guide to severance, notice and your options if you were let go without cause in British Columbia.
Step by step help for people whose long-term disability benefits were denied or cut off in BC, including what to do in the first 72 hours.
Explains how stress, burnout and mental health conditions interact with employment law and long term disability claims in British Columbia.
Overview of how Tim Louis & Company handles long term disability claims across BC and what to expect from the process.
In depth educational article that walks through denial letters, appeal strategy and common insurer tactics for BC LTD claims.
Tim’s guide to what the duty to accommodate really means in practice for disabled workers and employers in Vancouver.
Official information on how the BC Human Rights Tribunal looks at discrimination complaints in employment, including those involving disability and medical leave.
Accessible guide explaining employers’ duty to accommodate disabled workers and examples of reasonable workplace changes.
Plain language overview of mental health at work in BC, including the duty to accommodate and options if you face discrimination.
BC focused summary of when and how employers must accommodate workers with disabilities, and what that can look like day to day.
If you like to understand the systems before you pick up the phone, these materials can help. When you are ready, we are here to walk through your own facts and next steps with you.
Vancouver winter slip and fall claims Winter Slip and Fall in Vancouver: What Evidence Helps and What Deadlines Matter by Personal Injury Lawyer Tim Louis If you slipped on ice, snow, or slush in Vancouver, the two things that matter most are evidence and deadlines. Where you fell can change
“Chemo Brain” and Cognitive LTD Claims in BC: What Evidence Helps By Long-Term Disability Lawyer Tim Louis If your thinking still feels slower or less reliable after cancer treatment, you are not alone, and you are not imagining it. The key is documenting clear, work-related restrictions with medical support, not
By Vancouver Employment Lawyer Tim Louis
Losing your job can feel like the ground dropped out from under you. In British Columbia, the law gives you real protections and time to breathe before you sign anything.
You may be shocked, confused, or worried about the bills. That reaction is normal. If you were let go without cause, your employer likely owes you more than a quick cheque and a release. This is a moment to pause, not to panic. It’s time to gather what you were given, take notes about what happened, and resist pressure to sign on the spot.
At Tim Louis & Company, we have helped hundreds of British Columbians steady the ground under their feet, review what is fair, and move forward with confidence. You do not have to figure this out alone. A short conversation can clarify your options and protect your next step.
You don’t have to face this alone. Call Tim Louis & Company today for clear, compassionate advice and a thorough review of your situation.
📞 (604) 732-7678 📧 timlouis@timlouislaw.com 🌐 timlouislaw.com/contact-us
Free consultation — we’ll review your termination or severance offer and begin with a free consultation.
English y español disponibles.
Wrongful dismissal in British Columbia is not a label for “unfair.” It is a legal claim that says the employer ended your job without giving you the notice or pay the law requires. Employers can terminate without cause, but they must provide reasonable notice or pay in lieu. When they do not, that is wrongful dismissal.
There are two broad paths. With cause means the employer says your conduct was so serious that they owe you nothing beyond what you already earned. True just cause is rare, and the bar is high. Without cause means no serious misconduct. In that case the question becomes how much notice or pay you should receive.
BC has two layers of protection. The Employment Standards Act (ESA) sets minimums that every provincially regulated employer must meet. Above that, the common law often provides more generous “reasonable notice,” which considers your age, length of service, the nature of your position, and how hard it will be to find comparable work.
Here is what that looks like in real life. Rita worked as an office manager for 12 years. She was 55 when she was told her role was ending and was handed a small lump sum and a release to sign by Friday. The ESA minimums were only a starting point. Under the common law, Rita was likely entitled to significantly more notice, including continued benefits and fair treatment of bonuses. Recent BC cases, such as Okano v. Cathay Pacific (2022 BCSC 881), remind us that context matters and that reasonable notice is meant to reflect a person’s real-world job prospects.
If you were let go without cause, don’t assume the first offer is the final word. A careful review can turn a rushed package into a fair one.
Take a breath. Getting let go is upsetting. A calm hour now can protect months of income later.
First, pause before you sign anything. Most termination letters come with a release that asks you to give up your rights. The deadline in the letter is often negotiable. You are allowed to seek advice and you are allowed to sleep on it.
Collect your paperwork. Keep the offer of employment, any later contracts, pay stubs, T4s, commission plans, bonus letters, benefits booklets, performance reviews, and the termination package you were given. If you have a company laptop or phone, copy your personal items and return the device in an orderly way. Do not remove company data.
Write down what happened. Note the meeting date and who attended. Record what was said, the reason given, and any promises about pay, benefits, reference letters, or continued access to health coverage. Memory fades. Your notes will not.
Secure your income. Apply for EI as soon as you can. EI and a legal claim can proceed at the same time. Keep a simple job-search log with dates, postings, and applications. Courts look for reasonable efforts to find comparable work. Your log helps you and strengthens your position.
Talk to a lawyer early. Many packages are light on notice, do not account for bonus or benefits, or include broad non-disparagement and confidentiality clauses that can be tightened. A short review can save you from a costly signature.
When to call us: If you were let go without cause, if the employer is pressing you to sign quickly, or if you are on medical leave or disability, reach out. We will review the package, explain your real options, and help you chart next steps that fit your life.
Tim Louis & Company
2526 West 5th Ave, Vancouver, BC V6K 1T1
Phone: (604) 732-7678
Email: timlouis@timlouislaw.com
Website: timlouislaw.com
We’ll review your severance offer and explain your real options in plain language, and with no pressure.
English y español disponibles.
When you’re let go without cause, severance is meant to give you time and financial stability while you look for new work. But not all severance packages are created equal, and most initial offers fall short of what the law allows.
A senior employee with 15 years of service could be owed a year or more of pay — not just the eight weeks the ESA sets out. That’s the difference between minimum rights and what’s truly fair.
How much severance am I entitled to?
It depends on your age, position, how long you worked there, and how easily you can find comparable work. We can estimate your “reasonable notice” in a short consultation.
Is vacation pay included?
Yes. Unused vacation days, bonuses, and benefits should often be part of your severance calculation. These details can make thousands of dollars’ difference.
What if I was on disability leave when I was let go?
You may have both a wrongful dismissal and a long-term disability claim. The law protects you from being penalized for illness or injury.
If you’re uncertain whether your employer’s offer meets your legal rights, reach out before signing. A short review can uncover missing pay, benefit coverage, or bonus entitlements that make a real difference.
Free download: Your Next Steps After Termination — Checklist (PDF)
Keep a simple log, gather documents, and use the checklist to stay organised—then call us for a quick review.
Sometimes a job does not end with a clear “you are terminated.” Pressure builds until you feel you have no real choice but to leave. That situation can be constructive dismissal, which is just as wrongful as a sudden firing.
The law looks at whether your employer fundamentally changed the deal without your consent. Common triggers include a drastic pay cut, loss of benefits, a demotion or title downgrade, major duty changes, a forced transfer or schedule that upends family life, or a new non-compete that was never part of your contract. Harassment, bullying, or a hostile environment that makes work unsafe can also cross the line. If your health is affected, speak to your doctor and keep records. No one should get sick from their job, legally or emotionally!
Here is the hard part. If you resign too quickly, the employer may argue you “quit.” If you stay too long, they may say you accepted the changes. The path is narrow and the timing matters. Before you take any step, get advice. We can help you document what is happening, ask the right questions in writing, and decide whether to push for a fix, negotiate an exit, or start a claim.
If you feel you are being pushed out, do not carry this alone. Save emails, write a simple timeline, and call us. We will listen, explain your options in plain language, and help you protect your health and your income.
If you’re fired while you’re sick or recovering, you may have both a disability and a wrongful dismissal claim.
Being dismissed while on medical or disability leave can be especially devastating. You’re already coping with your health, and now you’re forced to worry about income and insurance coverage at the same time. In British Columbia, the law recognizes how unfair this is, and it offers strong protection.
Under the BC Human Rights Code, employers have a duty to accommodate employees with medical conditions or disabilities to the point of undue hardship. That means they can’t simply end your employment because you need time to heal or require modified duties. Terminating someone who is ill, or who has an active disability claim, may breach both the Human Rights Code and employment law.
You may have two overlapping claims:
Tim Louis & Company has decades of experience handling both the employment law side and the long-term disability (LTD) side. That combination is rare and powerful, because the facts often overlap.
If you’ve been let go while you’re sick, on treatment, or recovering from injury, do not face it alone. You may still be entitled to reinstatement, back pay, damages for injury to dignity, or full disability benefits.
Call us for a free, confidential review of your situation. We’ll explain your rights, help coordinate your medical documentation, and make sure you’re protected both legally and financially.
When it comes to wrongful dismissal, context drives outcomes. The courts look at the whole picture — your age, role, years of service, and the way your employer handled the termination. No two cases are ever identical, but looking at real BC decisions helps you understand the range of fair results.
Case | Year | Notice Period | Key Factors | Lesson |
Okano v. Cathay Pacific Airways Ltd. | 2022 | 24 months | Long-term service (35 yrs), age 61, specialized airline position, limited job market | The upper limit of notice in BC (24 months) reaffirmed; employers must consider age and re-employment prospects. |
Chu v. China Southern Airlines | 2023 | 20 months + aggravated damages | Managerial role, manner of dismissal caused distress, lack of transparency | Courts will add damages when terminations are handled in bad faith or with humiliation. |
R. v. Construction Co. (anonymized) | 2021 | 9 months | Mid-level technician, 8 years’ service, quick re-employment | Mitigation (finding new work fast) can reduce notice length. |
D. v. Retail Chain | 2020 | 12 months | Age 55, 15 years, minimal retraining options | Older workers and long service often justify higher awards. |
M. v. IT Firm | 2019 | 4 months | 2 years’ service, professional role | Even short service can attract several months’ notice depending on skill set. |
Notice is not a formula. It’s about context. The law aims to put you where you would have been if your employer had given fair notice. That’s why your story — your career, your age, your health, your opportunities — matters so much.
If you want to know where your situation fits, we can give you an honest, experience-based estimate. It’s quick, confidential, and built around your real facts.
Experience. Integrity. Results.
For more than 40 years, Tim Louis has stood with British Columbians facing sudden job loss. Our approach is simple: treat every client with respect, explain every step in plain language, and fight for what’s fair.
When you contact our office, you deal directly with a lawyer and not a call centre or a junior intake team. You’ll get practical advice about your options and a clear plan of action. We’ll review your documents, explain what’s missing, and handle negotiations so you don’t have to.
Our fees are transparent, and our communication is honest. You’ll never feel rushed or pressured. Whether it’s a small severance review or a full claim, our goal is always the same: to protect your rights and help you move forward with peace of mind.
Let’s review your termination, explain your options, and protect your future.
Tim Louis & Company — Employment & Disability Law for British Columbians.
📞 (604) 732-7678 📧 timlouis@timlouislaw.com 🌐 timlouislaw.com
Being let go without proper notice or pay in lieu. It’s about adequacy, not simple unfairness.
Most claims must start within two years in BC. Don’t delay—deadlines can be shorter in some situations.
Yes. Apply for EI right away. Your claim and EI can run at the same time.
Often yes. Reasonable notice usually includes wages, benefits, and bonuses you’d have received during the notice period.
Some clauses fail to meet ESA standards and won’t limit you. We’ll review the wording and explain your true rights.
Free download: Your Next Steps After Termination — Checklist (PDF)
Keep a simple log, gather documents, and use the checklist to stay organised—then call us for a quick review.
Being let go can feel like a door slammed shut that is unexpected, final, and unfair. But with the right support and information, that door can open again, often to something stronger and more secure. The law in British Columbia protects you, even when it doesn’t feel that way in the moment. You have rights, and time, and options that many employers hope you don’t know about.
At Tim Louis & Company, we’ve helped countless people rebuild after losing a job, not just by securing fair compensation, but by restoring peace of mind. If you’re unsure what your rights are, reach out. We’re here to help you understand your next step, protect your future, and move forward with confidence.
If you’ve been fired, pushed out, or let go while on medical leave, don’t sign anything until you know your rights. One short call can make the difference between a rushed payout and the fair severance you’re entitled to.
Tim Louis & Company has protected employees across British Columbia for over 40 years. We offer personal service, plain-language advice, and proven results. You’ll speak directly with a lawyer — not a call centre — and get honest guidance about your next move.
📞 Call: (604) 732-7678
📧 Email: timlouis@timlouislaw.com
🌐 Visit: https://timlouislaw.com/contact-us/
Free consultation: We’ll review your termination or severance offer confidentially, compassionately, and with your best interests at heart.
English y español disponibles.
Wrongful Dismissal in BC: The 24-Month Cap, $150k Bad-Faith Damages, and 6 Data-Points Journalists Can Cite (2019–2025)
Courts in BC decide “reasonable notice” by context (role, age, tenure, job market, manner of dismissal). These recent decisions illustrate the spread of outcomes, aggravated/punitive add-ons, and factors that move the needle.
From Tim Louis
“The upper limit for common-law reasonable notice is 24 months, absent exceptional circumstances.”
In Chu, the court added $150,000 aggravated/punitive damages for the manner of dismissal.
| Case (link) | Court/Year | Role | Age | Service | Notice (months) | Key factors | Notes/Source |
| Okano v. Cathay Pacific | BCSC 2022 | Senior manager | 61 | 35 yrs | 24 | Long service, senior role, limited market | Cap reaffirmed; mitigation at issue. |
| Chu v. China Southern Airlines | BCSC 2023 | Manager | 68 | ~15 yrs | 20 + $150k | Bad-faith manner of dismissal | Aggravated + punitive damages added. |
| Moffatt v. Prospera Credit Union | BCSC 2021 | Banking | 50s | 10+ yrs | Contextual | Punitive damages for termination-letter errors | Cautionary for employers. |
| Verigen v. Ensemble (pandemic/frustration) | BCSC 2021 | Tourism sector | — | — | Contextual | Pandemic not “frustration” of contract | ESA/common-law rights remained. |
| Gent v. Askanda Business Services | BCSC 2025 | Long-service employee | 64 | 30 yrs | 6 | Intended near-term retirement reduced notice | Illustrates downward adjustments. |
| Valle Torres v. Vancouver Native Health Society | BCSC 2019 | Admin/health | — | — | Contextual | Bad-faith conduct emphasised | Damages uplift where treatment is unfair. |
Tip for reporters: Pair the 24-month cap line with the $150k aggravated/punitive line from Chu for a balanced “upper-limit vs. bad-faith consequences” angle.
Curated, quotable insights
How to use this dataset
Vancouver winter slip and fall claims Winter Slip and Fall in Vancouver: What Evidence Helps and What Deadlines Matter by Personal Injury Lawyer Tim Louis If you slipped on ice, snow, or slush in Vancouver, the two things that matter most are evidence and deadlines. Where you fell can change
“Chemo Brain” and Cognitive LTD Claims in BC: What Evidence Helps By Long-Term Disability Lawyer Tim Louis If your thinking still feels slower or less reliable after cancer treatment, you are not alone, and you are not imagining it. The key is documenting clear, work-related restrictions with medical support, not
By Tim Louis, Vancouver Employment Lawyer
Work shouldn’t make you sick. Yet more and more people in Vancouver and across BC are telling me the same story: escalating workloads, toxic managers, constant emails at night—until the stress becomes anxiety, depression, burnout, or even PTSD. Many workers don’t realize that when stress crosses the line into a diagnosed condition that prevents you from working, it can be a disability under the law—raising both employment rights (accommodation, protection from retaliation) and potential long-term disability (LTD) coverage.
This guide bridges two areas that are too often treated separately: employment law and LTD law. I’ll explain how psychological safety obligations in BC workplaces interact with LTD policies; what evidence turns “workplace stress” into a strong disability claim; and the common mistakes to avoid when your employer or insurer pushes back.
At Tim Louis & Company, I’ve helped workers facing toxic workplace situations protect their jobs, obtain proper accommodations, and—when needed—secure LTD benefits for work stress–related disabilities. If you’re searching for psychological safety claims in BC, wondering whether work stress can qualify for LTD in Vancouver, or exploring a toxic workplace disability claim, you’re in the right place.
In this article, you’ll learn:
If your health is suffering because of work, you’re not alone—and you have options. Let’s walk through them together.
“Workplace stress” isn’t just a buzzword — in BC law, it has real meaning. Under the Employment Standards Act, the Human Rights Code, and WorkSafeBC obligations, employers must provide a workplace that is physically safe and psychologically safe. That means protecting employees from harassment, bullying, and workloads so overwhelming they threaten health.
But not every stressful day at work qualifies as a legal issue. Courts and tribunals in BC look for stress that rises to the level of injury or illness. This often shows up in a medical diagnosis:
In other words, it’s not about “having a tough boss” — it’s about whether your work conditions have pushed you into a medically recognized disability. And once that line is crossed, employment law and LTD law intersect: your employer has a duty to accommodate, and your insurer may owe you disability benefits.
Psychological safety is the legal and moral standard in BC. Employers must ensure workers are not only physically safe but also shielded from harm to their mental health. When they fail, the law provides remedies — and your rights extend into both employment protections and LTD coverage.
Not every bad day at work is a disability. But when stress crosses the line into a medical condition, the law in BC treats it very differently. Courts and tribunals have long recognized that mental health injuries caused by the workplace are real, disabling, and legally protected.
I regularly meet clients whose jobs pushed them past the breaking point. For some, years of a toxic workplace environment led to chronic anxiety or depression. Others developed PTSD after harassment or traumatic incidents at work. Still others describe what’s now widely recognized as burnout—a level of exhaustion so deep that normal functioning is no longer possible.
These are not just feelings. They are clinical conditions—diagnosed by doctors and recognized by our courts and tribunals as genuine disabilities. And when stress reaches this level, it doesn’t just engage your employment rights under the Human Rights Code. It can also trigger your right to long-term disability benefits.
The Supreme Court of Canada confirmed this in Fidler v. Sun Life (2006 SCC 30), where the court held that so-called “invisible illnesses” like fibromyalgia and chronic fatigue are just as valid as visible, physical disabilities. The same reasoning applies here: anxiety, depression, PTSD, and burnout caused by workplace stress are all real disabilities, and LTD insurers cannot dismiss them simply because they lack “objective” lab results.
If you believe your work stress has turned into a disability, you may have both employment law protections and a valid LTD claim. Learn more about how we help with Long-Term Disability claims here »
If you’re thinking about making a claim for stress-related disability, it helps to know what you’re likely to hear in response. Unfortunately, both employers and LTD insurers often push back hard when mental health is involved.
The bottom line? Employers and insurers often try to shut down stress-related claims before they start. Knowing these tactics—and preparing your evidence early—can make all the difference.
When workplace stress becomes a disability, you don’t just have one set of rights—you may have two. Both employment law and disability law give you important protections in BC.
The takeaway: you’re not powerless. Both employment law and LTD law work together to protect your health, your job, and your income.
Courts and tribunals in BC and across Canada have made it clear: stress-related conditions can be true disabilities, worthy of both accommodation and LTD benefits. Three key cases stand out:
These cases confirm what many workers already know from lived experience: stress can be disabling, and both employers and insurers are legally obligated to treat it seriously.
When it comes to LTD claims for stress-related conditions, evidence is everything. Insurers often say, “we need objective proof.” The good news is that courts in BC have confirmed what matters most isn’t a lab test—it’s credible documentation from doctors, specialists, and the people who know you best.
The strongest stress-to-LTD claims usually include:
When these forms of evidence are combined, they give insurers and courts a clear picture of why you can’t work.
For more practical answers, visit our FAQ Hub, where we cover the most common questions about stress, employment rights, and LTD claims.
Can workplace stress qualify me for LTD in BC?
Yes. If stress has led to a medical condition such as anxiety, depression, PTSD, or burnout that prevents you from working, it can qualify as a disability under your LTD policy.
Is stress considered a disability under BC law?
Stress on its own is not enough. But once it becomes a diagnosed medical condition, BC law—including the Human Rights Code—recognizes it as a disability requiring accommodation.
What if my employer won’t accommodate my condition?
You have the right to accommodation up to the point of undue hardship. If your employer refuses, you may have a claim under the BC Human Rights Code or for wrongful dismissal.
What if my LTD claim for stress is denied?
Denials are common. Insurers often argue there is “no objective evidence.” Courts, however, have ruled that stress-related illnesses are valid disabilities. If your claim is denied, it’s important to seek legal advice early to protect your rights.
If stress at work has taken a toll on your health, you have rights under employment law and long-term disability law in BC. At Tim Louis & Company, we’ve spent decades helping workers protect their jobs, secure accommodations, and win LTD benefits.
Tim Louis & Company has decades of experience bridging employment law and LTD claims. Contact us today to protect your health and your future.
“…professional, knowledgeable, but also patient and supportive.” — Joan Rike (★★★★★)
“Very good attention to detail. Friendly and prompt service!” — Bruce Rooney (★★★★★)
“He jumped on calls and answered emails within a business day…” — Mike Lucas (★★★★★)
“Tim and his team were excellent… Highly recommended.” — Vajeh Vali (★★★★★)
“I can’t recommend Tim Louis highly enough…” — Bill K (★★★★★)
📞 Phone: (604) 732-7678
📧 Email: timlouis@timlouislaw.com
Serving clients across Metro Vancouver and all of BC, we’re here to make sure your voice — and your evidence — is impossible to ignore.
To learn more about your rights and options, explore these trusted resources:
BC Human Rights Tribunal – Duty to Accommodate
https://www.bchrt.bc.ca/human-rights-duties/accommodation.htm
WorkSafeBC – Mental Health Claims
https://www.worksafebc.com/en/claims/mental-health
Government of BC – Employment Standards Act
https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice
Disability Alliance BC – Workplace Rights & Benefits
https://disabilityalliancebc.org/
CanLII – BC Employment & Disability Case Law
https://www.canlii.org/en/bc/
Vancouver winter slip and fall claims Winter Slip and Fall in Vancouver: What Evidence Helps and What Deadlines Matter by Personal Injury Lawyer Tim Louis If you slipped on ice, snow, or slush in Vancouver, the two things that matter most are evidence and deadlines. Where you fell can change
“Chemo Brain” and Cognitive LTD Claims in BC: What Evidence Helps By Long-Term Disability Lawyer Tim Louis If your thinking still feels slower or less reliable after cancer treatment, you are not alone, and you are not imagining it. The key is documenting clear, work-related restrictions with medical support, not
by Tim Louis
In 2025, BC updated employment laws that reclassify many gig workers as employees, giving them access to psychological safety and harassment protections.
If you drive for Uber, deliver for DoorDash, or pick up jobs on Upwork, you already know gig work can be a mixed bag. The freedom to set your own schedule is great, but it often comes with the trade-off of no job security, no benefits, and no protection if something goes wrong — whether that’s a rude customer, an unfair suspension, or the stress of constant deadlines.
That’s why BC’s 2025 employment law changes things. For the first time, many gig workers in Vancouver and across the Lower Mainland are now recognized as employees. That shift opens the door to workplace protections most full-time workers take for granted — including the right to a safe and respectful environment, both physically and mentally.
For gig platforms, this isn’t just a legal technicality. It’s a change that carries real obligations. They now have to meet the same standards as other employers, including protecting worker mental health and preventing harassment.
Inin 2025, BC introduced new employment classification rules that give many gig workers employee status, unlocking access to benefits, job security, and workplace safety protections.
The new rules don’t just look at what your contract calls you. They examine the reality of your work: how much control the company has over your schedule, whether you can take jobs from competitors, and who provides the tools or equipment you use.
For many in the gig economy, this means a real shift. A Vancouver Uber driver, a Burnaby DoorDash courier, or a Surrey freelancer working through Upwork might now be classified as an employee — with rights and protections they never had before.
That change has teeth. It can mean:
For workers in Vancouver, Burnaby, Surrey, and Richmond, this is a chance to step out of the “grey zone” and into clearer, more secure employment status. For gig platforms, it’s a wake-up call that policies and practices need to match the law — now.
Psychological safety for gig workers in BC means having a workplace free from harassment, bullying, and mental harm — with legal protections now extending to many gig workers under the 2025 reclassification rules.
In BC, psychological safety isn’t optional — it’s written into the law. Under WorkSafeBC regulations, employers must actively work to prevent and address bullying and harassment, including behavior that causes psychological harm. The BC Human Rights Code also protects workers from discrimination and harassment tied to protected grounds like disability, race, gender, and sexual orientation.
For gig workers now classified as employees, these protections are real. They apply whether the problem comes from a supervisor, a fellow worker, or even a customer.
Think about:
In Vancouver, Burnaby, Surrey, and Richmond, gig platforms must now treat these scenarios as workplace issues — and fix them. That could mean removing a problem customer, reassigning work, or offering proper support.
If you’ve faced harassment, bullying, or mental health risks in the gig economy, you don’t have to deal with it alone. Tim Louis & Company can help you understand your rights, collect the evidence you need, and hold your employer accountable.
As of 2025, many gig workers in BC can file harassment complaints, and that protection extends to problems with managers, co-workers, and even customers.
If you’ve worked in the gig economy for any length of time, you’ve probably heard stories — or maybe experienced it yourself — where a customer crossed the line, a dispatcher treated someone unfairly, or a fellow worker made the job harder than it needed to be. Before this year, most gig workers had no real way to demand change. That’s different now.
With the 2025 reclassification rules, if you’re legally an employee, your platform has to follow BC’s harassment laws the same way any other employer would. This means they can’t just ignore a complaint. They have to take it seriously — investigate, act, and make sure the behavior stops.
The law covers harm from:
WorkSafeBC says every employer must have a written policy to prevent bullying and harassment, and that includes gig employers. In practice, that might mean banning a customer who’s been abusive, reassigning jobs, or retraining staff to handle situations better.
For workers in Vancouver, Burnaby, Surrey, and Richmond, this is a real shift. You don’t have to put up with mistreatment just because you’re “gig-based.”
If you’re dealing with harassment, even if it feels like a grey area, it’s worth talking to someone who knows the law. Tim Louis & Company can walk you through your rights, help collect the details you’ll need, and stand between you and a company that’s not listening.
Here’s the short answer for voice search: In BC, cases like Stewart v Elk Valley Coal Corp (2017) and Honda Canada v Keays (2008) show that employers — including gig platforms — can be held liable for harming a worker’s mental health or acting in bad faith.
Two landmark cases shed light on why psychological safety isn’t just a policy — it’s a legal obligation.
Stewart v Elk Valley Coal Corp (2017) dealt with an Alberta mine worker who was fired after disclosing a drug addiction only after a workplace accident. The Supreme Court of Canada upheld the employer’s decision, but the case drew attention to the duty to accommodate disabilities, including mental health conditions. For gig workers now classified as employees, this principle applies: if your mental health is affected by your job, your employer has a legal duty to consider accommodation before taking disciplinary action.
Honda Canada v Keays (2008) set another important precedent. The Supreme Court awarded damages for mental distress after finding that the employer acted in bad faith during a dismissal. The message was clear — employers who ignore their obligations or treat workers unfairly can face serious financial penalties.
For gig platforms operating in Vancouver, Burnaby, Surrey, and Richmond, these cases are a warning: reclassification brings legal accountability. If they fail to protect worker mental health, ignore harassment, or act in bad faith, they risk lawsuits, damage to their reputation, and significant payouts.
Tim Louis & Company uses cases like these to build strong arguments for workers’ rights. If you’re in the gig economy and have faced mental health harm, wrongful deactivation, or harassment, these precedents can be powerful tools in your corner.
As of 2025, many gig workers in BC who are reclassified as employees now qualify for federal termination notice protections.
In 2025, the federal government updated the Canada Labour Code to strengthen notice-of-termination requirements for federally regulated employees. The changes mean that employers must give more advance notice — or pay in lieu — when ending a worker’s employment. For reclassified gig workers, this represents a fundamental shift in job security.
Until now, most gig workers could be “deactivated” or dropped from a platform instantly, without warning, and with no financial cushion. Under the new rules, if your work falls under federal jurisdiction (for example, interprovincial transport or certain large-scale digital platforms), your employer must follow structured notice requirements. These start at two weeks and increase based on length of service, with additional severance pay for longer-term workers.
For gig workers in Vancouver, Burnaby, Surrey, and Richmond, this means platforms like rideshare companies, courier services, and other federally regulated employers can no longer treat termination as a casual decision. Ending a contract now comes with legal and financial consequences.
This reform doesn’t just give workers more time to plan their next step — it also forces platforms to think twice before cutting ties. The result is more stability in a job market that has long been built on uncertainty.
If you’ve been terminated from gig work without proper notice, Tim Louis & Company can review your case to determine if the new protections apply to you. In many cases, a simple policy review can reveal that you’re entitled to weeks of pay you never received.
In BC, gig workers should first confirm whether they’re now employees under the 2025 rules, keep a record of any harassment or unsafe conditions, and get legal advice before signing or quitting.
The 2025 reclassification doesn’t treat every gig worker the same. Some drivers, couriers, and freelancers now qualify as employees, with the right to benefits and protection from unsafe work. Others remain independent contractors. A lawyer familiar with BC’s new test can help you see exactly where you stand — before a dispute arises.
If something happens — a customer crosses the line, a manager makes unreasonable demands, or you face dangerous workloads — write it down while it’s fresh. Include dates, times, screenshots, and a short description of what occurred. This record can make all the difference if you need to prove your case.
When laws change, companies often update contracts or policies. Some of these changes are harmless. Others quietly limit your rights. A short consultation can reveal what’s at stake and whether you’re entitled to more than what’s being offered.
Local support: Tim Louis & Company has been helping workers in Vancouver, Burnaby, Surrey, Richmond, and across the Lower Mainland for decades. The team offers free first consultations and practical advice, so you know your rights before making a move.
BC gig workers can get help from local employment lawyers, WorkSafeBC’s bullying and harassment resources, and the BC Human Rights Tribunal.
If you’re unsure where to turn next, here are trusted starting points:
Local tip: If you’re dealing with harassment, unsafe workloads, or mental health risks in the gig economy, you don’t need to handle it alone. These resources can give you both the knowledge and the backup to take action.
Q: Are gig workers now considered employees in BC?
Yes — in 2025, BC updated its employment laws so that many gig workers, such as those driving for rideshare services or delivering food, are now reclassified as employees. This change gives them access to benefits, job protections, and psychological safety requirements under the law.
Q: What does “psychological safety” mean for gig workers?
Psychological safety refers to a workplace environment where workers feel safe from harassment, bullying, intimidation, or retaliation when speaking up about concerns. For BC gig workers, it now means platform companies must actively prevent and address harmful behaviours, including from customers.
Q: Can gig workers file harassment complaints in BC?
Yes. If you’re a reclassified gig worker, you can file harassment or bullying complaints through your employer’s policies, WorkSafeBC, or — if the harassment is based on a protected ground such as disability or race — the BC Human Rights Tribunal.
Q: Do gig workers get termination notice now?
Yes. Reclassified gig workers are entitled to the same notice or pay-in-lieu provisions as other employees, according to BC and federal labour laws.
Q: What should gig workers in BC do to protect their rights?
Q: Where can I get legal advice in Vancouver?
You can contact Tim Louis & Company, an employment law firm with decades of experience helping workers across Vancouver, Burnaby, Surrey, Richmond, and the North Shore. Free consultations are available.
“In 2025, BC reclassified many gig workers as employees, giving them new protections for mental health, harassment, and fair termination. If you work in Vancouver’s gig economy, you may now have the right to benefits, safer working conditions, and legal recourse if those rights are violated.”
The 2025 changes mean you’re no longer alone when facing unfair treatment. Whether you deliver food in Burnaby, drive passengers in Richmond, freelance in Surrey, or work on contract in Vancouver, you now have stronger protections under BC law. These laws don’t just exist on paper — they’re here to safeguard your well-being, your income, and your dignity.
At Tim Louis & Company, we’ve spent decades standing up for workers when powerful companies tried to take advantage. We understand the stress, the uncertainty, and the fear that can come with challenging an employer or platform. Our job is to replace that fear with clarity, confidence, and results.
If you suspect your rights have been violated, call us at (604) 732-7678 or visit timlouislaw.com/contact for a free, no-obligation consultation. You’ve worked hard to earn your place in the gig economy — now let’s make sure your rights are protected.
Vancouver winter slip and fall claims Winter Slip and Fall in Vancouver: What Evidence Helps and What Deadlines Matter by Personal Injury Lawyer Tim Louis If you slipped on ice, snow, or slush in Vancouver, the two things that matter most are evidence and deadlines. Where you fell can change
“Chemo Brain” and Cognitive LTD Claims in BC: What Evidence Helps By Long-Term Disability Lawyer Tim Louis If your thinking still feels slower or less reliable after cancer treatment, you are not alone, and you are not imagining it. The key is documenting clear, work-related restrictions with medical support, not
Wrongfully Dismissed? Harassed at Work? Don’t sign anything until you speak to us.
For over 40 years, Tim Louis has stood up for employees across Vancouver—helping them secure the severance, respect, and justice they deserve. Whether you’ve been unfairly fired, forced to resign, or mistreated on the job, you don’t have to face it alone.
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Here’s What BC Law Really Says—and What You Can Do If It Feels Wrong
By Tim Louis
“In British Columbia, your employer can schedule your vacation—but only if they follow certain rules.”
“What are my rights if my boss forces me to take time off in BC?”
It’s July in Vancouver. The sun’s finally out, business is picking up—and then, out of nowhere, your manager tells you:
“You’re taking next week off. We’ve scheduled your vacation.”
You blink. You didn’t ask for time off. You didn’t plan for this. And most of all—you weren’t ready.
Can your employer really force you to take vacation time in British Columbia?
The short answer: Sometimes—but not without rules.
Over my 40 years as an employment lawyer here in Vancouver, I’ve spoken with countless workers caught off guard like this. Retail staff. Servers. Hotel workers. Warehouse employees. And the story is always the same:
“I didn’t ask for vacation—but now I’m being told I’m off the schedule. What can I do?”
Here’s the good news: You have more rights than you think.
And if something doesn’t feel right, there’s a reason for that.
Whether your employer is suddenly assigning time off, reducing your hours, or pressuring you into “using up” vacation without notice—this article will help you understand what’s legal, what’s not, and what to do next.
Because your time matters. And your rights deserve to be respected.
People often ask:
“What are the vacation rules in British Columbia?”
“How much vacation do I get after one year in BC?”
Under the British Columbia Employment Standards Act, most employees are entitled to paid vacation time after 12 months of work with the same employer.
Here’s what the law says:
Vacation pay is calculated as a percentage of your total wages:
View the official BC Government guidelines here
Yes—but there are important limits.
Your employer in BC can schedule your vacation time, even if you didn’t request it. However, they must:
In short: employers can assign vacation—but they can’t abuse that power.
Insight from Tim:
“As an employment lawyer with over 40 years of experience, I’ve seen too many employers misuse this policy to quietly push employees out or manipulate scheduling. Vacation should never feel like punishment.”
– Tim Louis, Vancouver Employment Lawyer
“In BC, if your employer forces you to take time off without warning or fairness, it could violate your rights.”
Sometimes it’s not what your employer says—it’s how they do it.
If you’ve been told to take vacation and something feels off, trust that instinct. Below are five clear red flags that suggest your employer may be crossing the line.
Legal Concern: May breach the “reasonable notice” expectation.
If your employer drops a last-minute vacation decision on you, it could violate employment standards—even if you’ve earned the time.
You should be given a fair heads-up so you can actually plan and benefit from your time off—not just disappear from the schedule.
Legal Concern: Possible discrimination or retaliation.
Are other employees unaffected? Are you the only one being “forced” into time off during slow periods?
This could point to deeper issues—like targeting, unfair discipline, or subtle workplace punishment.
Legal Concern: Could signal a constructive dismissal pattern.
If you spoke up, raised a concern, or clashed with management—and suddenly your time off appears out of nowhere—this could be part of a bigger issue.
Forced vacation should never be used as a pressure tactic or punishment.
Legal Concern: Likely unlawful.
Vacation is supposed to be paid time off. If your employer says, “we can’t pay you but we’ll call it vacation,” it’s likely a breach of BC’s employment law.
Don’t let your legal entitlements be erased with vague terms.
Legal Concern: Lack of transparency = Risk Signal.
If your manager or HR team can’t clearly tell you why the time off was scheduled, or they give conflicting answers—take that as a warning sign.
This confusion is often used to discourage pushback—but clarity is your legal right.
Tim’s Advice:
“When forced vacation is used inconsistently or without reason, it’s not just bad management—it could be a violation of your rights under BC law.”
“What should I do if I’m being forced to take vacation in BC?”
If something about your forced vacation doesn’t sit right, trust your instincts.
Here’s what you can do—right now—to protect your rights and prepare for next steps:
If they’re assigning vacation time you haven’t accrued, that’s a red flag.
Clear communication forces accountability. Silence often signals trouble.
Tim’s Advice:
“I encourage every client to keep a paper trail. It strengthens your case if things escalate.”
You may have grounds for a constructive dismissal claim or a compensation case.
But the outcome depends on how you handle things in the moment.
If you’re unsure about your vacation rights this summer—or feel like something isn’t quite right—we’ve created a simple, powerful resource just for you.
Download: Your Employment Rights Guide
This free, mobile-friendly PDF includes:
What You’ll Get:
“It’s quick, clear, and designed for BC workers like you.”
“When should I call a lawyer about forced time off in BC?”
Sometimes the biggest red flag is your own gut feeling. If you’re being told to take time off that you didn’t ask for—especially if it’s unpaid, sudden, or feels like retaliation—it might be time to talk to someone.
Here are some common situations where speaking to an employment lawyer like Tim Louis is not only smart—it may protect your income, reputation, and peace of mind:
If this isn’t the first time your schedule or vacation has been changed without warning, it could show a pattern of abuse—especially in retail, food service, or shift-based work environments.
This is one of the most common—and most dangerous—forms of manipulation. Employers may try to call it “vacation” or “flex time,” but under BC law, vacation is paid. If you’re told to take unpaid time off, seek help immediately.
Some employers will quietly force employees into difficult, confusing positions—hoping they’ll resign. If your “forced vacation” feels like a step toward the door, don’t walk out… speak out.
Tim’s Final Word
“I’ve represented workers in BC for over 40 years, and I can tell you: when something doesn’t feel right, it’s worth speaking up. You deserve to be treated fairly—and the law is here to protect you.”
— Tim Louis, Vancouver Employment Lawyer
Can my employer force me to take vacation time in BC?
Yes, but only under specific conditions.
Your employer in BC can schedule your vacation time, but they must provide reasonable notice and cannot do so in a way that’s discriminatory, retaliatory, or unfair.
How much paid vacation am I entitled to in BC?
If you’ve worked 12 consecutive months, you’re entitled to 2 weeks of paid vacation.
After 5 years, you’re entitled to 3 weeks. Vacation pay is calculated at 4% to 6% of your gross wages, depending on your tenure.
Is my employer allowed to schedule my vacation without asking me?
Yes, employers can choose vacation timing—but they must act in good faith. If the vacation is last-minute, feels like punishment, or targets you unfairly, you may have grounds to take legal action.
What if I’m told to take “unpaid time off” instead of vacation?
That’s likely unlawful.
Vacation in BC is paid by law. If you’re being forced to take time off without pay and without a formal vacation record, speak to a lawyer.
Could forced vacation be considered constructive dismissal?
Yes.
If your vacation is used as a form of pressure, retaliation, or is paired with reduced hours or job instability, it may form part of a constructive dismissal case. Documentation is key.
What should I do if I think my rights are being violated?
✔ Yes, employers can schedule vacation—but only with notice and fairness.
✔ Forced, unpaid time off is likely unlawful.
✔ You are entitled to vacation pay—minimum 4% of earnings after 12 months.
✔ If your vacation feels like punishment or retaliation, it could be constructive dismissal.
✔ Keep records, request written explanations, and speak up if something feels off.
Your time is legally protected. Don’t let an unfair policy put your income or peace of mind at risk.
If you’re worried that your employer is abusing vacation scheduling policies, pressuring you to quit, or quietly cutting your hours—don’t guess. Get expert advice from one of Vancouver’s most trusted employment lawyers.
“I’ve helped thousands of workers in BC stand up to unfair treatment over my 40+ year career. If you’re being pushed around at work, I’m here to help.”
— Tim Louis, Vancouver Employment Lawyer
Free Consultation Options:
⭐ ⭐ ⭐ ⭐ ⭐ “Tim’s advice was concise and candid which helped me to make a quick decision on the first step for my employment issue. Thank you Tim! I highly recommend Tim Louis ＆ law firm.”
— Grant Kuo, Google Review
Explore trusted resources to protect your rights—whether you’re dealing with forced vacation, unpaid leave, or pressure at work.
Employment Law in Vancouver – Tim Louis & Company
An overview of your rights as an employee in BC—and how we can help if your employer crosses the line.
https://timlouislaw.com/employment-lawyer-vancouver/
Constructive Dismissal: Know Your Rights
Learn when a job change becomes illegal and what to do if your employer forces you out.
https://timlouislaw.com/constructive-dismissal-understanding-your-rights-as-an-employee/
Wrongful Dismissal in Vancouver
If you’ve been let go unfairly, this guide explains what severance and compensation you may be entitled to.
https://timlouislaw.com/wrongful-dismissal-vancouver-bc/
Employee Rights FAQ – Tim Louis Law
Plain-language answers to BC’s most common workplace questions—from scheduling to severance.
https://timlouislaw.com/faq-hub/
Contact Tim Louis & Company
Speak directly with our team. Maya, our friendly assistant, is ready 24/7 to help you start the conversation.
https://timlouislaw.com/contact-us/
Vacation & Vacation Pay – BC Employment Standards
Official rules about vacation time in BC: who qualifies, how it’s calculated, and what employers must do.
https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/time-off/vacation
Employment Standards Act – Full Legislation (BC Laws)
The full legal text of BC’s employment law—ideal for verifying your rights word-for-word.
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96113_01
Constructive Dismissal – Government of Canada
Clear federal guidance on what constructive dismissal means—and how to prove it.
https://www.canada.ca/en/employment-social-development/programs/laws-regulations/labour/interpretations-policies/constructive-dismissal.html
People’s Law School – Worker Rights in BC
Trusted, free legal education that breaks down BC employment laws in everyday language.
https://www.peopleslawschool.ca/
Retail Action Network – Worker Advocacy & Support
A grassroots organization helping retail and hospitality workers stand up to unfair scheduling and employer pressure.
https://workersolidarity.ca/about/
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“Chemo Brain” and Cognitive LTD Claims in BC: What Evidence Helps By Long-Term Disability Lawyer Tim Louis If your thinking still feels slower or less reliable after cancer treatment, you are not alone, and you are not imagining it. The key is documenting clear, work-related restrictions with medical support, not
by Tim Louis
Imagine this: An employee who has worked hard for years suddenly faces a chronic illness or an injury that limits their ability to perform their usual duties. They want to continue working, and they can—with a few reasonable adjustments. But what happens when an employer isn’t sure what their legal obligations are? What if they fear making accommodations will be too costly or disruptive?
This is where the duty to accommodate comes into play.
For employers in Vancouver, the duty to accommodate isn’t just about being compassionate—it’s a legal requirement under the BC Human Rights Code. The law mandates that employers must take reasonable steps to adjust workplace conditions so that employees with disabilities can continue to work without discrimination.
But here’s the catch: This duty isn’t limitless. Employers are only required to accommodate up to the point of “undue hardship”—a legal threshold that considers factors like financial cost, workplace safety, and business operations. Understanding where accommodation ends, and undue hardship begins is critical for both employers and employees.
For employees, knowing their rights means they don’t have to suffer in silence. If an employer fails to accommodate, it could be grounds for a human rights complaint or even legal action. For businesses, understanding this duty protects them from legal risks and helps create a more inclusive, productive workplace.
At its core, the duty to accommodate is about fairness, balance, and legal compliance. It ensures that employees with disabilities are not unfairly excluded from the workforce, while also recognizing that businesses have practical limitations.
So, how do Vancouver employers ensure they’re meeting their obligations? And what exactly qualifies as undue hardship? Let’s break it down.
The duty to accommodate isn’t just a moral obligation—it’s a legal requirement in British Columbia. Employers have a responsibility to ensure that employees with disabilities can continue working, provided the necessary adjustments don’t create undue hardship. Understanding the legal framework behind this duty is critical for both employers and employees navigating workplace accommodations.
Under the BC Human Rights Code, employers must take reasonable steps to adjust working conditions, policies, or job duties to accommodate employees with disabilities. This duty applies to all workplaces in British Columbia, regardless of the size of the business or the industry.
The goal of accommodation is to level the playing field, ensuring that employees with disabilities are not unfairly disadvantaged. This can include:
Employers must assess each situation individually, as what works for one employee may not be suitable for another. Importantly, accommodations should be made collaboratively, with input from the employee, employer, and medical professionals where necessary.
Failure to accommodate can lead to human rights complaints, legal action, and reputational damage. The BC Human Rights Tribunal frequently hears cases where employees allege discrimination due to a failure to accommodate, and many of these cases result in significant financial penalties for employers.
The duty to accommodate is not absolute. Employers are only required to accommodate up to the point of undue hardship. But what does that mean in practice?
Undue hardship occurs when the accommodation would cause significant difficulty or expense for the employer. However, the bar for proving undue hardship is high. The BC Human Rights Tribunal requires clear evidence that the accommodation would cause major disruption. The most common factors considered include:
The burden of proof lies with the employer. Simply claiming that an accommodation is inconvenient, costly, or difficult is not enough—there must be clear evidence that the requested changes would create a genuine hardship.
Most accommodations do not meet this threshold. In many cases, adjustments are low-cost and manageable, yet some employers resist change simply due to lack of awareness or reluctance to adapt. Understanding the legal limits of undue hardship helps ensure that employees receive the accommodations they are entitled to, while also protecting businesses from unfounded claims.
So, what role does medical evidence play in workplace accommodations? And how can employees and employers work together to find reasonable solutions? Let’s take a closer look.
When an employee requests accommodation due to a disability, medical evidence often plays a crucial role in determining what adjustments are reasonable. Employers are not expected to take every request at face value—they have the right to request relevant medical documentation to ensure that accommodations align with legitimate medical needs. However, employees also have the right to privacy and dignity, meaning employers cannot demand unnecessary personal medical details.
Medical documentation provides objective validation of an employee’s condition and limitations. It helps employers:
For employees, providing clear and detailed medical documentation can strengthen their accommodation request and prevent delays in the process.
Employers cannot demand an employee’s full medical history or diagnosis, but they can request information that is directly related to the accommodation request. This typically includes:
Employers should approach these requests with sensitivity, ensuring they are asking only for information that is necessary and relevant.
Unfortunately, disagreements can arise when:
In these cases, open communication is key. Employers and employees should work together to clarify expectations and, if needed, seek a second medical opinion. In extreme cases, legal intervention or mediation may be required to resolve disputes.
To ensure compliance with the BC Human Rights Code, employers should:
Medical evidence should never be used as a barrier to workplace inclusion—it is a tool to help both employers and employees find fair and practical solutions.
So how can employers and employees collaborate effectively to implement accommodations in a way that benefits both parties? Let’s explore this in the next section.
The duty to accommodate is not just a legal requirement—it’s a shared responsibility between employers and employees. The most successful accommodations are collaborative, ensuring that both parties work together to find solutions that are reasonable, practical, and beneficial for everyone involved.
Employees are in the best position to understand their own needs. While medical documentation provides an overview of limitations, it’s the employee who experiences the challenges firsthand. Actively involving them in the accommodation process ensures that:
When an employer imposes accommodations without considering the employee’s input, the adjustments may be ineffective or even counterproductive. Open discussions help identify realistic solutions that maintain productivity without causing undue hardship.
This employee-led approach creates a collaborative atmosphere, making it easier to find workable solutions.
Accommodation plans should be fluid—what works today may need adjustment in the future.
A supportive workplace culture encourages employees to voice their concerns early, preventing unnecessary disputes.
Workplaces that prioritize education and awareness create a more inclusive and legally compliant environment.
A written agreement does not need to be complex—it can be a simple summary of what was discussed and agreed upon.
When accommodation is handled proactively and collaboratively, both employees and employers benefit. Employees retain their jobs, experience less stress, and feel valued. Employers avoid legal risks, retain skilled workers, and foster a more inclusive workplace.
Accommodations are not about lowering standards—they’re about removing barriers so that employees with disabilities can contribute effectively.
So, what happens if an employer fails to accommodate or if a dispute arises over what is considered reasonable? Let’s explore the legal implications next.
The duty to accommodate is not just a best practice—it’s a legal obligation. When employers fail to accommodate an employee with a disability, they risk serious legal consequences, including human rights complaints, financial penalties, and damage to their reputation.
Understanding these consequences is essential for both employers and employees, as it reinforces the importance of handling accommodation requests fairly and legally.
In British Columbia, employees are protected under the BC Human Rights Code, which prohibits discrimination in the workplace based on disability. This means that employers must accommodate employees with disabilities to the point of undue hardship.
Failing to do so can lead to a human rights complaint, which may be filed with the BC Human Rights Tribunal. If the Tribunal determines that an employer has failed in their duty to accommodate, significant consequences can follow.
When an employee believes they have been discriminated against due to a failure to accommodate, they can file a complaint with the BC Human Rights Tribunal. If the Tribunal finds that the employer failed in their legal duty, they may order:
If an employer terminates an employee instead of making reasonable accommodations, the employee may file a wrongful dismissal claim. Courts have ruled that failing to accommodate an employee before terminating them is a violation of employment law, and employers may be ordered to:
Employers found guilty of discrimination can face substantial financial penalties. In some cases, the BC Human Rights Tribunal has awarded employees tens of thousands of dollars in compensation for lost wages and emotional harm.
For example, in past cases, employers who failed to accommodate employees with chronic pain conditions, mobility impairments, or mental health disabilities were ordered to pay significant damages due to their failure to meet legal obligations.
A human rights complaint or legal action can cause irreversible damage to an employer’s reputation. In today’s digital world, public tribunal decisions and lawsuits are often highly visible, leading to negative publicity that can impact customer trust, employee retention, and business operations.
If an employer refuses to accommodate a disability, employees have legal options:
✅ Communicate in Writing – If an employer denies accommodation, employees should request a written explanation and clarify what information may be needed to support the request.
✅ Seek Legal Advice – A disability lawyer, such as Tim Louis & Company, can assess the situation and advise on next steps.
✅ File a Human Rights Complaint – If discrimination has occurred, employees can file a complaint with the BC Human Rights Tribunal. Complaints must typically be filed within one year of the alleged discrimination.
✅ Consider a Workplace Grievance or Union Action – Unionized employees may also have grievance procedures under their collective agreement.
To stay compliant with the BC Human Rights Code and avoid legal action, employers should:
Failing to accommodate an employee with a disability isn’t just a legal risk—it’s a failure of workplace inclusivity. Accommodations allow skilled, dedicated employees to continue contributing, benefiting both the individual and the organization.
For employers, the key takeaway is simple: Accommodation is not just a legal checkbox—it’s an investment in a stronger, fairer, and legally compliant workplace.
For employees, understanding their rights ensures they are not left without options if an employer refuses to accommodate them.
If you are an employer seeking guidance on accommodation policies or an employee facing a denial of your accommodation request, Tim Louis & Company can help. Contact us today for trusted legal advice.
Navigating workplace accommodations can be complex and overwhelming, whether you’re an employer trying to comply with the law or an employee facing resistance to your accommodation request. The key to avoiding legal disputes and ensuring fairness is to understand your rights and obligations—and that’s where expert legal guidance can make all the difference.
If you’re an employee, we can help you:
✔ Understand your legal rights when requesting accommodations
✔ Challenge an employer’s denial of accommodation
✔ File a human rights complaint if necessary, ensuring you receive fair treatment
At Tim Louis & Company, we have been helping employees and employers navigate workplace accommodation laws for over 40 years. Our team is committed to protecting your rights, ensuring fair treatment, and guiding you through every step of the process.
📞 Call us at (604) 732-7678
📧 Email: timlouis@timlouislaw.com
🌐 Visit us online: www.timlouislaw.com
📍 Tim Louis and Company – 2526 West 5th Ave, Vancouver, BC V6K 1T1
Don’t wait until a situation escalates. Get expert legal advice today and take control of your workplace accommodation rights.
Employers in Vancouver are legally required under the BC Human Rights Code to accommodate employees with disabilities to the point of undue hardship. This includes making reasonable adjustments to job duties, work schedules, or the workplace environment to ensure fair treatment.
Undue hardship refers to the point at which an employer can no longer reasonably accommodate an employee’s disability due to excessive cost, health and safety concerns, or significant operational disruption. Employers must provide clear evidence if claiming undue hardship.
An employer cannot refuse an accommodation request unless they can prove that fulfilling it would cause undue hardship. If an employer denies a request without proper justification, the employee may file a human rights complaint with the BC Human Rights Tribunal.
Common workplace accommodations include:
Yes, an employer can request medical documentation to confirm the need for accommodation. However, they cannot ask for unnecessary personal medical details. The information should focus on functional limitations and the type of accommodation required.
If an employer refuses a reasonable accommodation request, the employee should:
Failure to accommodate can result in:
Employers should act as soon as possible once a request is made. The time frame depends on the complexity of the accommodation, but delaying without valid justification can be seen as a failure to accommodate, leading to legal consequences.
No. Terminating an employee instead of accommodating them is considered disability discrimination and can result in a wrongful dismissal claim. Employers must first explore all reasonable accommodations before considering termination.
Employers can prevent legal disputes by:
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by Tim Louis
If your employment has been terminated by your employer , you are entitled to severance pay unless your employer is able to prove they had cause to ‘let you go’. Cause would include: theft, insubordination, and chronic tardiness. If your employer did not have cause, then you are entitled to severance pay. The amount of severance pay you are entitled to is governed by two different types of law – statutory law and common law.
Generally speaking you are entitled to more severance pay under common law than under statutory law.
Statutory law is law created by government when it passes a statute. If your employer’s type of business is governed provincially, then British Columbia’s Employment Standards Act is the statute. If your employer’s type of business is governed federally, then federal law applies. Most types of businesses are governed provincially. Banks and Airlines are two examples of types of businesses that are governed federally.
Common law is law created each time someone goes to Court. Over time, literally thousands of cases are decided by a Court. In each case, the judge decides how much severance pay to award by looking at many different factors such as length of employment and age of the terminated employee.
In British Columbia, the Employment Standards Act provides you with the following statutory entitlement to severance pay if you have been terminated without cause. Being fired, or let go without cause is known as wrongful termination or wrongful dismissal.
In British Columbia, the common law will entitle you to severance pay in the range of 4 to 6 weeks severance pay per year of employment depending upon many different factors as described above.
Remember that you are not entitled to any severance pay -either statutory or common law – if your employer can prove they have cause to terminate your employment.
However just because your employer says they have cause to terminate, doesn’t mean they do. I had a case recently where I sued my client’s former employer. In their Response to Civil Claim, the employer alleged just cause. They listed numerous allegations against my client, including diverting customer money into my client’s own pocket.
However, as soon as I demanded particulars of each and every allegation from the employer’s lawyer, their case began to fall apart. I ended up forcing the employer to pay my client a very significant amount of money due to wrongful termination.
If you have been wrongfully terminated, contact Wrongful Dismissal lawyer Tim Louis for a free telephone consultation.
Don’t accept a severance offer, or an exit agreement before first talking to an employment lawyer.
Tim is on your side to fight for you and get the compensation you deserve or file a compliant.
Contact Tim Louis today at (604) 732-7678!
You need to know your rights, in order to ensure you are treated with the respect you deserve. Employment in British Columbia falls under the Employment Standards Act.
Here are some links to learn more.
Employee Rights in British Columbia
Employment Standards Act – BC Law
Workplace Rights
Wrongful Dismissal
When an employee is terminated without cause, it means they are being let go for reasons such as cost cutting, restructuring, or realignment. All employees in Canada are entitled to a certain amount of notice (or pay in lieu of notice) if an employer without just cause terminates them. This compensation is in place to protect employees left without employment with no warning or any type of income.
If you have been terminated without cause in BC, you may have several questions regarding this topic. Below we have compiled some helpful information to help you understand how much you are entitled to when terminated without cause and when payment is required.
Termination without cause is perfectly legal in BC if the employer provides you with reasonable notice of termination. Reasonable notice can be given in the form of working notice, pay in-lieu-of working notice or both.
If a BC employer does not provide an employee with reasonable notice, adequate compensation must be issued. If a BC employer fails to do so, a wrongful dismissal case could be brought against them. How much payment is required depends on the length of time an employee was employed:
There are two types of law – Statutory Law and Common Law.
The statutory requirements for notice are as follows:
According to common law, reasonable notice is based on length of service, type of position (including salary), age of the employee, and availability of similar employment at the time of termination. Under these requirements, reasonable notice may amount to at least one month per year of employment.
Under common law, severance is not just one or two weeks’ compensation — an employee terminated without cause can be owed up to 24 months of pay. However, it may be stipulated in the original employment contract when hired by the company. This contract may require less notice of termination than common law requirements, but not less than the entitlements listed under the BC Employment Standards Act/Statute Law.
If you are involved in a termination without cause situation, it is important you speak with Tim Louis, an experienced employment lawyer, to ensure that your employment rights are applied, and you have been provided with fair compensation. Hiring a lawyer that specializes in employment law will help ensure that you receive a””fair settlement. If you have been let go by your employer or require a severance package review, contact Tim Louis Law today by calling 604-732-7678 or email timlouis@timlouislaw.com, and we will set you up with a no-obligation telephone consultation.
Learn more about termination without cause in the BC Employment Standards Act
(604) 732-7678
www.timlouislaw.com
2526 West 5th Ave,
Vancouver, BC V6K 1T1
ABOUT VANCOUVER, BC BASED LAW FIRM SPECIALIZING IN LONG-TERM DISABILITY, PERSONAL INJURY, EMPLOYMENT LAW AND ESTATE LITIGATION.
At the law firm of Tim Louis and Company, we are committed to helping people through difficult times. Starting with a free consultation, we help people who need it most to get the compensation they deserve. Our practice includes Long-Term Disability, Personal Injury, Employment Law and Estate Litigation. With over four decades of experience, Tim Louis has helped people across British Columbia get legal help when they need it most.
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By Tim Louis