Questions tagged [british-columbia]

Questions concerning the laws, criminal justice system, civil court procedures and related topics specific to the Canadian province of British Columbia (BC). Vancouver is the largest city within the province.

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28 views

How does vacation pay affect severance pay?

To my understanding the relevant legislation is the https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/termination/quit-fired#getting-fired If I ...
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48 views

Does an employer have a legal responsibility to make to make clear at least who you directly report to?

I'm wondering if there is anything illegal about working in a work place where the chain of command is extremely unclear. Where I had worked the same parent company owned several retail and ...
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54 views

Must terms in employment contract be interpreted as they apply to the job?

I see a lot of employment contracts which seem to be very broad with things the employee cannot do. Are the terms always interpreted in context, and only enforced when the employer can show damages? ...
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3answers
3k views

In British Columbia can an employer punish employees for sharing wage/salary information with colleagues?

While sharing salary information is often discouraged by employers, in the province of British Columbia, Canada, are employers legally allowed to punish (e.g. fire, reprimand, etc.) an employee who ...
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1answer
52 views

How exactly to calculate severance pay?

I have several questions regarding severance pay. Is it better to ask them separately or in one question? I had worked for an employer for 8 months and was terminated without cause. The schedule ...
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1answer
91 views

Terminated without cause. Do I have a claim for unjust termination or toxic work environment? [closed]

I was recently terminated without cause. I had been working in a liquor store for about 6 months. There was something "special" about the work environment. Several businesses in the area ...
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1answer
37 views

Canadian (BC) invoicing regulation - can we attempt to collect interest after the overdue payment is made?

My business partner and I started a construction related business last year. We recently (August 2021) received payment for an invoice that was issued June of 2020. At that time we did not have any ...
3
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1answer
700 views

Is it legal for some employees to have to clock in and out and others not if they are in the same role?

I work in the same position and with same job description as other employees. We have to clock in and out at the start and end of our shifts. The clock in and out system is directly tied to our pay: ...
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1answer
227 views

Is it legal for a store to lock the door with customers inside?

In a retail store the manager has instructed employees to lock the door when the store has closed, even if customers are still inside. This is to prevent more customers from entering. Is locking the ...
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1answer
101 views

Can a manager reduce my work hours because there has been (unverified) issues with a coworker?

I am having a conflict with a coworker. Without going into the nature of the conflict, the manager wants to schedule us on separate days. However this would mean a reduction in the hours I work in a ...
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2answers
202 views

I am stuck working alone with new coworker who I believe is dangerous. Must the employer take action?

I work in a shop. Most of the time I work alone or with one other person. We recently got a new manager who hired two new employees. One of them I have conflicts with (back story on workplace....
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1answer
70 views

Can management tell employees not to: accept cash from a customer then pay with their personal credit card because store doesn't take cash?

This question arises from the answers given in Is it illegal for a store employee to do this with payment? and What power does an employer have over gratuities/tips? To recap, a retail store does not ...
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1answer
87 views

Is selling alcohol from one individual to another for profit illegal without a license?

Consider this scenario: Joe works at a liquor store. Shortly before the store closes a potential customer calls in, and asks if Joe could purchase the products so that the customer can buy it off him ...
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3answers
8k views

Is it legal for a store to accept payment by debit card but not be able to refund to it, even in event of staff's mistake?

A store accepts payment by payment cards, including debit and credit cards. Refunds are allowed, however due to a technical problem refunds cannot be made to debit cards. Sometimes a refund is ...
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1answer
102 views

Must employer do something about aggressive customers?

I work in a liquor store where often times I am the only employee. Today a customer acted aggressively and said he wanted me to come outside with him (presumably to fight). He was also swearing at me. ...
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2answers
150 views

What power does an employer have over gratuities/tips?

First, what is the difference between tips and a gift? Can an employer legally order employees not to accept either? Can an employer order an employee to share it? For example in restaurants many have ...
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4answers
384 views

Is it illegal for a store employee to do this with payment?

In a retail store the official policy is that cash is not accepted and payment must be made through payment card (e.g. credit card). Some employees started telling the customers who want to pay in ...
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1answer
78 views

What happens if debtor pays before enforcement hearing?

This is a hypothetical scenario. I had an order which the debtor was not following. He paid me just before the enforcement hearing. What do I need to do to cancel the hearing, or should I attend and ...
3
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1answer
147 views

When can a customer be denied service for not wearing a (COVID) mask, considering medical exceptions?

I work in a retail liquor store. We require customers to wear masks to prevent the spread of COVID19. Technically speaking is wearing masks a law, a health order or the store policy as a result of the ...
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1answer
53 views

Does probation period count actual days worked or days starting from job acceptance?

I had worked an on call job. There was zero guarantee of any work, but typically everyone got 2-4 shifts per week. I was terminated within probation according to management, but I was very close to ...
3
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2answers
102 views

Can an employee be penalized for missing work due to medical appointment?

Can an employer discipline an employee for taking time off work for a medical appointment? What if the employee is still on the probation period? I won't get into specific details, but a somewhat ...
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2answers
337 views

Can employer deduct minutes worth of pay for clocking out few minutes early?

I started working in a retail store. We are scheduled to work for 30 minutes after the store closes to finish the closing procedures (such as turning off lights, locking doors etc). For example if the ...
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1answer
231 views

Must an employer provide a break room/lunch room to its employees?

I started working in a retail store. It has no lunch room, break room, or a place where employees can sit comfortably to relax. In practice there's a storage area where people use bins to eat their ...
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1answer
139 views

Can an employee be disciplined for breaking a rule that is clearly not usually enforced?

I started a new job working in a retail store. The employee handbook has several official rules and policy which are clearly not enforced. For example no dogs in the store no cellphones at work ...
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2answers
36 views

When can a payment hearing be adjourned without a decision?

A person has a validated court order from the Civil Resolution Tribunal (CRT). The CRT does not have authority to enforce its orders but small claims court does. In the payment hearing the debtor told ...
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0answers
91 views

Can a roommate be kicked out for being racist towards another roommate?

I share a rental unit with two other adults. We each have individual leases. One of them (call her Jane) is racist towards the other (call him Joe). They got along fine at first. Then suddenly Jane ...
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1answer
74 views

In a Payment Hearing, what is the protocol for creditor asking debtor questions? What if he believes the reply was invalid?

At a payment hearing called by a creditor on a debtor, the debtor has the uncanny ability to avoid answering questions or gives misleading answers. I understand in the payment hearing the creditor can ...
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1answer
127 views

Does this non-compete clause basically mean the signer can't work in a similar job for 6 months after quitting?

In a non-solicitation contract there is a section that reads as follows. Does this bar the signer from working in information technology sector for 6 months? Put simply, does this means he would have ...
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1answer
64 views

How to serve a summons to payment hearing to a debtor?

Must the creditor personally serve the debtor face to face? Is it OK to put the document inside a regular envelope and must the envelope be labelled with anything? Must the creditor say anything to ...
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1answer
61 views

How is interest calculated on a debt?

For the notice of payment hearing forum it has a section for "payment order" and "interest". How is interest calculated? What percent is it? What time does it start counting from, ...
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1answer
98 views

What happens if someone moves home to avoid a payment hearing?

If legal action has been started against someone, what happens if they move homes? For example, if an order for a defendant to pay someone money is made, what would happen if they just moved homes so ...
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1answer
53 views

How to have a provincial court order enforced? What are the pros/cons of the different ways?

Follow up to How does someone file an order with the Provincial Court to have it enforced? If a plaintiff received a validated order from the Civil Resolution Tribunal, then filed it with the BC ...
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1answer
68 views

How does someone file an order with the Provincial Court to have it enforced?

Once a person has won a case in the Civil Resolution Tribunal, how is the judgement filed for enforcement?. Assume that the person has a validated copy of the order. I know one needs to go to the ...
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1answer
34 views

Confused as to the waiting period required after getting an order

A default judgement was awarded. It seems there are contradicting orders in how much time one must wait to get it enforced: As set out in 58.1 (3) of the CRTA, a part may only enforce this order if ...
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0answers
36 views

What steps must an employer take to keep health information confidential?

I asked this on workplace but perhaps it's a better fit here. With my job we are required to get COVID testing frequently. They normally hire different labs to do the testing so each time there's some ...
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1answer
78 views

Will tenancy agreement still be valid if the property manager/broker who signed on behalf of landlord is terminated?

In BC, Canada, if a tenancy agreement is signed by a brokerage/property manager on behalf the landlord, and the property manager's contract is terminated early, will that make the tenancy agreement ...
3
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1answer
139 views

Can an employer force me to quit my old job, claiming it's a conflict of interest, if I never agree to it in an employment contract?

This question is about when is something legally binding. Say I am an interview for a new company. They advise me that continuing to work for my old one (even on a part-time basis) would be a conflict ...
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2answers
143 views

In BC is there an automatic probation period for new employees?

If an employee works less than 3 months are they entitled to any notice before being fired without cause? Does it matter if they're given some kind of warning or explanation? I was reading this ...
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2answers
141 views

Are provisions requiring employees to provide certain amount of notice before quitting, enforceable?

To my understanding giving 2 weeks notice when quitting is customary, though not legally required. Can an employment contract stipulate that the 2 weeks are mandatory? I'm curious how it would be ...
6
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1answer
204 views

Secretly recorded audio to meeting with landlord and now starting a dispute against him. Can I submit it as evidence?

My ex-landlord preferred to communicate by in person meetings. I began covertly recording our meetings with the microphone on my phone. Only the audio was recorded, not the video. My ex-landlord was ...
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2answers
226 views

Can forwarding address be provided by e-mail for landlord to return security deposit?

If a landlord does not return a tenant's damage deposit in 15 days from the later of the move out date or receiving a forwarding address, tenant may go after him for double. If the forwarding address ...
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1answer
74 views

If landlord doesn't return damage deposit, must you remind him before starting a case?

Where I live if a landlord doesn't return a damage deposit, the tenant can go after him for double the value. From a pragmatic view, must/should the tenant warn the landlord before the 15 days are up? ...
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1answer
219 views

In BC residential tenancy is there no longer a fixed term lease where tenant must vacate at end?

To my understanding the new government changed laws so that when a fixed term tenancy comes to an end, it automatically is converted to a month-to-month tenancy. There is no longer the option to have ...
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0answers
40 views

Am I allowed to point a web camera at a nearby business that continues to make noise to get evidence? [duplicate]

There is a bar across the alley from my home. Even when everything was closed for COVID-19 people would sit on the back deck and make a lot of noise until 4am. I've also noticed lots of trucks coming ...
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1answer
100 views

What happens if someone simply moves homes and stops responding to a lawsuit?

In a civil proceeding what happens if a defendant changes addresses but does not provide a new one? He stops replying and a default judgement is imminent. Assume that a least one piece of registered ...
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1answer
120 views

If a company never invoices me, am I obligated to do anything?

I hired a driving school to help me get my driver's license. My test was cancelled due to COVID and my last lesson was about a week before the test. The driving school and testing facility are two ...
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2answers
167 views

Can an employer charge employee/contractor a processing fee for payment?

I had worked for a company (whether as an employee or contractor is disputed). They would e-transfer me payments and take a small amount off to cover the cost of e-transfer. I told them I never agreed ...
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2answers
132 views

Can a prospective employer require you to pay to take a test as part of an interview?

I just red this question about having to pay to take a test for an interview. Is it legal? Must an employer reimburse? In general this site says an employer can't charge you a fee to start work.
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1answer
97 views

Rental agreement - Ending the tenancy clause

I live in Vancouver and rented a room in a shared house from the person who has the lease. I did not have to deal with the house owner ever. The person who has the lease pulled up this agreement ...
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0answers
32 views

In addition to base pay, what other payment in lieu of benefits must employer provide?

I may be confused about this. In Canada, in addition to the hourly rate, must an employer pay any additional fees, like vacation pay? I know one place I work paid 4% of base rate in lieu of vacation. ...