What happens when a foreign worker loses their authorization to work in Canada? Can an employer put them on unpaid leave? Lay them off? Terminate them? And what happens to severance when a worker’s immigration status makes it difficult, or impossible, to find another job?
PortaLaw cofounder Erin Brandt recently returned to the Borderlines – Canadian Immigration Law Podcast to discuss the complex intersection of immigration and employment law.
In this episode, Erin explores important information, including:
• The difference between termination, temporary layoffs and unpaid leave
• What employers should do when a work permit extension is refused
• Employees vs. independent and dependent contractors
• Employment Standards Act vs. common-law severance
• Whether being on a closed work permit can increase severance
• Fixed-term employment contracts and immigration-related job offers
• Whether employers have to support work permit extensions
• Employer questions about immigration processing and security screening
• Rescinding job offers when a worker cannot obtain authorization to work in Canada
The conversation offers valuable insights for employers navigating their legal responsibilities and foreign workers seeking to understand their workplace rights.
Listen to the full episode to learn more about these important employment law considerations.
Looking for Resources?
Visit our Human Rights + Discrimination category where you can find more articles, resources, and information.
Need Assistance?
If you have any questions or need assistance, please contact our team.
