COVID-19 & Employment Law

Employee and Employer Questions

In these unprecedented times, there is a great deal of uncertainty with respect to how COVID-19 will impact employees and employers. This page is intended to outline some of the bigger issues that have come up in the employment context from COVID-19 and the variety of factors that both parties must consider. If you have any questions concerning your rights and obligations as either an employee or employer, please feel free to contact our office at 1.888.374.3350.

1. Can an employee refuse to come into work due to COVID-19?
Yes, an employee may refuse to come into work but it will depend on:

• the steps the employer has taken to maintain a healthy and safe working environment in accordance with provincial health and safety legislation;
• the nature of the employment and workplace environment; and
• the individual circumstances of the employee.

2. Can an employee be told not to come into work by their employer due to COVID-19?
Yes, an employer has an obligation to maintain and healthy and safe working environment. As always, there are a number of factors that need to be taken into account, including:

• the nature of the employment and workplace environment;
• the individual circumstances of the employee; and
• the government directed guidelines in place at the time.

3. Can an employee be laid off due to COVID-19?
Yes, an employee may be laid off due to COVID-19. However, there are a number of factors that should be taken into account such as:

• whether there is a written contract between the employer and the employer;
• if there is a written employment contract, the specific terms of the employment contract as it relates to layoffs;
• whether the employer intends to bring the employee back to work;
• whether the business is operational; and
• if the business is not operational, the circumstances surrounding the employer’s decision to shut down operations.

4. If an employee is laid off due to COVID-19, are they entitled to severance?
Maybe. There is no clear answer at this time due to the unprecedented nature of the pandemic. While each case is always going to be assessed on a case-by-case basis, whether an employee is entitled to severance will depend on:

• whether there is a written employment contract and, if so, when the contract was entered into by the parties;
• if there is a written employment contract, the specific terms of the employment contract as it relates to either notice or severance;
• whether the layoff exceeds the time period as set out in the British Columbia Employment Standards Act;
• whether the business can operate;
• the reasons why the employee was laid off; and
• if there is a written employment contract, the specific terms of the employment contract as it relates to either notice or severance.

The factors noted in relation to each of the questions simply outlined some of the key considerations both parties should consider, and it is not intended to be an exhaustive list of factors.

The information on our website is intended to be for general information purposes and should not be considered as legal advice. Should you have any specific questions about your case, please contact our lawyers and we would be happy to discuss your legal issues.

For More Information Contact:

Elizabeth Harris, Partner
eharris@morellichertkow.com