CHAUDHRI: Employment questions swirl as return to normal looms

As the COVID frost seems to be thawing in our country, I have received many questions about how employment may change.

Employment law in the area of remote work, vaccination requirements and safe workplaces is still evolving.

So today’s column is wholly devoted to answering your questions on the new world of work.

Q. I am the president of a company. In the next two months we will be launching a product that will require national and potentially international travel for some of my salespeople. From what I have read, I believe we will have to confirm we have been vaccinated in order to travel to some places. Am I permitted to confirm that employees have been vaccinated before the trip or is this protected by employee privacy?

A. New travel rules requiring vaccination is a legitimate reason to require that your traveling salespeople are vaccinated. If any employee doesn’t have the vaccine, they cannot perform this aspect of their role. Not to mention, you certainly do not want to learn an employee cannot travel on the eve of a big business trip! Be careful to listen out for reasons why (if any) an employee failed to get the vaccine. If it is for health or religious reasons, you may be required to provide a workplace accommodation (i.e. a modified role) if possible.

Q. I was fired from my job on Monday for no reason. I am a private school teacher. I don’t have a written contract or even an offer letter. I have been here for 18 years and have never been disciplined. I am 58 years old, and I have only been offered 18 weeks. I doubt I will be able to find another job as there are lots of young teachers out there who are much less expensive. With COVID it’s hard to find work and it is really competitive. What is your advice?

A. If you have never signed a contract, your common law entitlements could likely be significantly greater than the 18 weeks you have been offered. The cyclical nature of the education industry may also play in your favour if the hiring season for this fall has already come and gone. If it is too late to be hired for this coming school year, this may be a factor that increases your damages. I would highly recommend seeking legal counsel to review the termination letter prior to signing back on this offer.

Q. I am up for a promotion at work which would be very exciting if I was not worried about my kids’ school schedule. With the Delta variant potentially causing a fourth wave, I am nervous that schools could close again in September. My promotion will require a lot of in-person meetings, meeting clients at their offices and also travel. Should I hold back on the promotion if I don’t know what the school situation will be?

A. Go for the promotion, but plan for the unexpected. If we see a fourth wave there is no telling what may be shut down, including schools. The possibility that in-person meetings will be paused during a fourth wave is possible too. Create a contingency plan within your support circle if you need help during the school year. Build a roster of potential childcare options. Create a space within your home to conduct meetings professionally even if the kiddos are in the other room. If you receive the promotion, anticipate and propose a plan to your employer that contains your strategies to manage a school closure if it happens and ask for feedback and support. This will help both you and your employer navigate through the chaos.

Q. Someone I work with has been posting and re-posting anti-vaccine content on Facebook. I can’t help but think that he didn’t get the vaccine. We are in hospitality and my work is reopening soon. If he gets to come back to work without his vaccine what are my options? I am fully vaccinated and don’t really feel comfortable with this.

A. Ask your employer if there will be a vaccine policy for your workplace. Some employers are requiring employees that will be working closely with customers and co-workers to be fully vaccinated before returning. If some employees are not vaccinated, ask your employer what protocols will be put in place to keep employees safe. This could include wearing PPE, enhanced cleaning measures or even, in some cases, reassigning duties to limit employee exposure to non-vaccinated employees.