https://wiki.clicklaw.bc.ca/api.php?action=feedcontributions&user=Trevor+Thomas&feedformat=atomClicklaw Wikibooks - User contributions [en]2024-03-29T12:51:48ZUser contributionsMediaWiki 1.37.2https://wiki.clicklaw.bc.ca/index.php?title=I%27ve_Been_Cut_off_Workers%27_Compensation_Benefits&diff=34133I've Been Cut off Workers' Compensation Benefits2017-03-07T20:06:43Z<p>Trevor Thomas: /* Where to get help */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}The Workers' Compensation Board (the WCB, also known as WorkSafeBC) pays benefits to people who have an injury or disease caused by their work. The WCB also pays benefits to dependents of a worker who has been killed on the job or died due to an occupational disease. <br />
<br />
Workers' compensation is a no fault insurance scheme. If you have been injured at work, you <span class="noglossary">will</span> not be allowed to sue your employer or any other worker or employer who may have caused the injury. Your only recourse is to make a workers' compensation claim. That makes it very important that you report your injury to your employer and the WCB as soon as possible after it occurs, and that you and your doctor give the WCB the information it needs about your condition and prospects for recovery. <br />
<br />
Initially, the WCB pays benefits equal to 90% of the net (take home) wages you were earning at the time of injury. After ten weeks the benefits <span class="noglossary">will</span> be based on your long term average earnings. If your benefits drop significantly at this point, you should consider an appeal. <br />
<br />
When the WCB decides that you have recovered, your benefits <span class="noglossary">will</span> cease. If you and/or your doctor do not agree that you are ready to go back to work, you should appeal. The WCB <span class="noglossary">will</span> also terminate your benefits if they feel that your condition has stabilized and become permanent. If you or your doctor disagree, you should appeal. <br />
<br />
Workers who have a permanent <span class="noglossary">disability</span> are entitled to a total or partial pension, payable until age 65. Permanently disabled workers (and sometimes others) may also be entitled to vocational rehabilitation assistance. As well, WCB plays all medical and related <span class="noglossary">costs</span> of an injury or disease. <br />
<br />
If a <span class="noglossary">decision</span> of the WCB limits your benefits or cuts you off benefits, the first stage of the appeal process is to request a ''review of the <span class="noglossary">decision</span>'' by the WCB Review Division. <br />
<br />
== First steps ==<br />
<br />
#To request a review of a <span class="noglossary">decision</span> by the WCB's Review Division, get the [http://www.worksafebc.com/forms/assets/PDF/63m1.pdf Request for Review] form online or by phone at 1-888-855-2477. <br />
#Complete the Request for Review form and submit it to the Review Division ''within ninety (90) days'' of the date that the WCB <span class="noglossary">decision</span> or <span class="noglossary">order</span> was made. The address is on the form.<br />
<br />
{{Tipsbox<br />
| width = 90%<br />
| tips = If you are off work for a significant period of time, you <span class="noglossary">will</span> receive many letters from WorkSafeBC. Read these carefully, because each one could be a <span class="noglossary">decision</span> denying or limiting benefits. If in doubt, get legal advice, and if there is something in the letter that you don't agree with, challenge it. If you fail to request a review of a <span class="noglossary">decision</span> within the ninety (90) day time limit, you may lose any chance of changing it, no matter how unfair it is.<br />
}}<br />
<br />
== What happens next ==<br />
<br />
=== WCB Review Division === <br />
You <span class="noglossary">will</span> receive a complete copy of your WCB file, including all documents the Board has about your claim. Review it carefully to better understand why the Board made the <span class="noglossary">decision</span> you are appealing, so that you can explain to the Review Division why it is wrong.<br />
<br />
If your review involves a medical issue, such as whether you are able to return to work, ask your doctor to write to the Board. Most successful reviews are based on new medical evidence.<br />
<br />
Your review may also involve a policy issue. The WCB's policy manual, which is nearly 800 pages long, has the force of law, and there are detailed policies about almost every aspect of the claims process. You can read or download the [http://www.worksafebc.com/publications/policy_manuals/Rehabilitation_Services_and_Claims_Manual/default.asp ''Rehabilitation Services and Claims Manual''] from the WCB's website. <br />
<br />
The Review Officer <span class="noglossary">will</span> give you a deadline for sending in any new information or arguments. If you need more time, ask for it. Make sure that you tell the Review Officer about any wrong information in the file, whether it's from a WCB doctor, your employer, or anyone else, and that you explain why the Board's <span class="noglossary">decision</span> was wrong. <br />
<br />
The Review Division usually decides the review within six months.<br />
<br />
<br />
{{Tipsbox<br />
| width = 90%<br />
| tips = There are several options for seeking legal help on a WCB claim review. The Workers' Advisers Office provides free, expert advice and occasionally <span class="noglossary">representation</span> to any worker who requests it. Contact them immediately, as you may have to wait for an appointment. Most unions also provide free, expert help to their injured members. If you belong to a union, tell them about the injury immediately. There are also community organizations that do WCB cases, and there are private lawyers and non-lawyer advocates who are experts in WCB matters. <br />
}}<br />
<br />
=== Workers' Compensation Appeal Tribunal (WCAT) === <br />
If you disagree with the Review Division's <span class="noglossary">decision</span>, you can appeal it to the Workers' Compensation Appeal Tribunal (WCAT). You must appeal ''within thirty (30) days'' after the date of the Review Division <span class="noglossary">decision</span>. <br />
<br />
The WCAT conducts appeals by rehearing them, which means that it considers all the evidence in the file and any new evidence presented by the parties, and then makes its own findings of fact and law. You should ask for an oral hearing, so that you can explain your case to the WCAT vice-chair in person. <br />
<br />
The WCAT is the final level of appeal, and its decisions can only be challenged in a judicial review proceeding in the Supreme Court of BC. The WCAT can, however, reconsider its own decisions on the basis of new evidence that couldn't have been presented at the first appeal, or because the first <span class="noglossary">decision</span> was based on a serious legal error.<br />
<br />
== Where to get help ==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are: <br />
* [[Workers' Advisers]]. <br />
* [[PovNet]]. <br />
* [[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. <br />
* [[Community Legal Assistance Society]]. <br />
* The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1723 Workers' Compensation]." <br />
* The WCB's website at [http://www.worksafebc.com www.worksafebc.com] has a lot of information about workers' compensation, including its policy manuals, practice directives, past decisions of the Review Division, and all the forms needed to pursue a claim. <br />
* The WCAT website at [http://www.wcat.bc.ca www.wcat.bc.ca] also has a great deal of useful information, including its procedure manual and a searchable collection of its past decisions. <br />
* The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1077 I’ve been cut off workers' compensation benefits]." <br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case. <br />
<br />
{{REVIEWED | reviewer = [[Trevor Thomas]], March 2017}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=I%27ve_Been_Cut_off_Workers%27_Compensation_Benefits&diff=34132I've Been Cut off Workers' Compensation Benefits2017-03-07T20:06:20Z<p>Trevor Thomas: /* Workers' Compensation Appeal Tribunal (WCAT) */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}The Workers' Compensation Board (the WCB, also known as WorkSafeBC) pays benefits to people who have an injury or disease caused by their work. The WCB also pays benefits to dependents of a worker who has been killed on the job or died due to an occupational disease. <br />
<br />
Workers' compensation is a no fault insurance scheme. If you have been injured at work, you <span class="noglossary">will</span> not be allowed to sue your employer or any other worker or employer who may have caused the injury. Your only recourse is to make a workers' compensation claim. That makes it very important that you report your injury to your employer and the WCB as soon as possible after it occurs, and that you and your doctor give the WCB the information it needs about your condition and prospects for recovery. <br />
<br />
Initially, the WCB pays benefits equal to 90% of the net (take home) wages you were earning at the time of injury. After ten weeks the benefits <span class="noglossary">will</span> be based on your long term average earnings. If your benefits drop significantly at this point, you should consider an appeal. <br />
<br />
When the WCB decides that you have recovered, your benefits <span class="noglossary">will</span> cease. If you and/or your doctor do not agree that you are ready to go back to work, you should appeal. The WCB <span class="noglossary">will</span> also terminate your benefits if they feel that your condition has stabilized and become permanent. If you or your doctor disagree, you should appeal. <br />
<br />
Workers who have a permanent <span class="noglossary">disability</span> are entitled to a total or partial pension, payable until age 65. Permanently disabled workers (and sometimes others) may also be entitled to vocational rehabilitation assistance. As well, WCB plays all medical and related <span class="noglossary">costs</span> of an injury or disease. <br />
<br />
If a <span class="noglossary">decision</span> of the WCB limits your benefits or cuts you off benefits, the first stage of the appeal process is to request a ''review of the <span class="noglossary">decision</span>'' by the WCB Review Division. <br />
<br />
== First steps ==<br />
<br />
#To request a review of a <span class="noglossary">decision</span> by the WCB's Review Division, get the [http://www.worksafebc.com/forms/assets/PDF/63m1.pdf Request for Review] form online or by phone at 1-888-855-2477. <br />
#Complete the Request for Review form and submit it to the Review Division ''within ninety (90) days'' of the date that the WCB <span class="noglossary">decision</span> or <span class="noglossary">order</span> was made. The address is on the form.<br />
<br />
{{Tipsbox<br />
| width = 90%<br />
| tips = If you are off work for a significant period of time, you <span class="noglossary">will</span> receive many letters from WorkSafeBC. Read these carefully, because each one could be a <span class="noglossary">decision</span> denying or limiting benefits. If in doubt, get legal advice, and if there is something in the letter that you don't agree with, challenge it. If you fail to request a review of a <span class="noglossary">decision</span> within the ninety (90) day time limit, you may lose any chance of changing it, no matter how unfair it is.<br />
}}<br />
<br />
== What happens next ==<br />
<br />
=== WCB Review Division === <br />
You <span class="noglossary">will</span> receive a complete copy of your WCB file, including all documents the Board has about your claim. Review it carefully to better understand why the Board made the <span class="noglossary">decision</span> you are appealing, so that you can explain to the Review Division why it is wrong.<br />
<br />
If your review involves a medical issue, such as whether you are able to return to work, ask your doctor to write to the Board. Most successful reviews are based on new medical evidence.<br />
<br />
Your review may also involve a policy issue. The WCB's policy manual, which is nearly 800 pages long, has the force of law, and there are detailed policies about almost every aspect of the claims process. You can read or download the [http://www.worksafebc.com/publications/policy_manuals/Rehabilitation_Services_and_Claims_Manual/default.asp ''Rehabilitation Services and Claims Manual''] from the WCB's website. <br />
<br />
The Review Officer <span class="noglossary">will</span> give you a deadline for sending in any new information or arguments. If you need more time, ask for it. Make sure that you tell the Review Officer about any wrong information in the file, whether it's from a WCB doctor, your employer, or anyone else, and that you explain why the Board's <span class="noglossary">decision</span> was wrong. <br />
<br />
The Review Division usually decides the review within six months.<br />
<br />
<br />
{{Tipsbox<br />
| width = 90%<br />
| tips = There are several options for seeking legal help on a WCB claim review. The Workers' Advisers Office provides free, expert advice and occasionally <span class="noglossary">representation</span> to any worker who requests it. Contact them immediately, as you may have to wait for an appointment. Most unions also provide free, expert help to their injured members. If you belong to a union, tell them about the injury immediately. There are also community organizations that do WCB cases, and there are private lawyers and non-lawyer advocates who are experts in WCB matters. <br />
}}<br />
<br />
=== Workers' Compensation Appeal Tribunal (WCAT) === <br />
If you disagree with the Review Division's <span class="noglossary">decision</span>, you can appeal it to the Workers' Compensation Appeal Tribunal (WCAT). You must appeal ''within thirty (30) days'' after the date of the Review Division <span class="noglossary">decision</span>. <br />
<br />
The WCAT conducts appeals by rehearing them, which means that it considers all the evidence in the file and any new evidence presented by the parties, and then makes its own findings of fact and law. You should ask for an oral hearing, so that you can explain your case to the WCAT vice-chair in person. <br />
<br />
The WCAT is the final level of appeal, and its decisions can only be challenged in a judicial review proceeding in the Supreme Court of BC. The WCAT can, however, reconsider its own decisions on the basis of new evidence that couldn't have been presented at the first appeal, or because the first <span class="noglossary">decision</span> was based on a serious legal error.<br />
<br />
== Where to get help ==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are: <br />
* [[Workers' Advisers]]. <br />
* [[PovNet]]. <br />
* [[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. <br />
* [[Community Legal Assistance Society]]. <br />
* The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1723 Workers' Compensation]." <br />
* The WCB's website at [http://www.worksafebc.com www.worksafebc.com] has a lot of information about workers' compensation, including its policy manuals, practice directives, past decisions of the Review Division, and all the forms needed to pursue a claim. <br />
* The WCAT website at [http://www.wcat.bc.ca www.wcat.bc.ca] also has a great deal of useful information, including its procedure manual and a searchable collection of its past decisions. <br />
* The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1077 I’ve been cut off workers' compensation benefits]." <br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case. <br />
<br />
{{REVIEWED | reviewer = [[Trevor Thomas]], November 2015}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=I%27ve_Been_Cut_off_Workers%27_Compensation_Benefits&diff=34131I've Been Cut off Workers' Compensation Benefits2017-03-07T20:05:34Z<p>Trevor Thomas: /* WCB Review Division */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}The Workers' Compensation Board (the WCB, also known as WorkSafeBC) pays benefits to people who have an injury or disease caused by their work. The WCB also pays benefits to dependents of a worker who has been killed on the job or died due to an occupational disease. <br />
<br />
Workers' compensation is a no fault insurance scheme. If you have been injured at work, you <span class="noglossary">will</span> not be allowed to sue your employer or any other worker or employer who may have caused the injury. Your only recourse is to make a workers' compensation claim. That makes it very important that you report your injury to your employer and the WCB as soon as possible after it occurs, and that you and your doctor give the WCB the information it needs about your condition and prospects for recovery. <br />
<br />
Initially, the WCB pays benefits equal to 90% of the net (take home) wages you were earning at the time of injury. After ten weeks the benefits <span class="noglossary">will</span> be based on your long term average earnings. If your benefits drop significantly at this point, you should consider an appeal. <br />
<br />
When the WCB decides that you have recovered, your benefits <span class="noglossary">will</span> cease. If you and/or your doctor do not agree that you are ready to go back to work, you should appeal. The WCB <span class="noglossary">will</span> also terminate your benefits if they feel that your condition has stabilized and become permanent. If you or your doctor disagree, you should appeal. <br />
<br />
Workers who have a permanent <span class="noglossary">disability</span> are entitled to a total or partial pension, payable until age 65. Permanently disabled workers (and sometimes others) may also be entitled to vocational rehabilitation assistance. As well, WCB plays all medical and related <span class="noglossary">costs</span> of an injury or disease. <br />
<br />
If a <span class="noglossary">decision</span> of the WCB limits your benefits or cuts you off benefits, the first stage of the appeal process is to request a ''review of the <span class="noglossary">decision</span>'' by the WCB Review Division. <br />
<br />
== First steps ==<br />
<br />
#To request a review of a <span class="noglossary">decision</span> by the WCB's Review Division, get the [http://www.worksafebc.com/forms/assets/PDF/63m1.pdf Request for Review] form online or by phone at 1-888-855-2477. <br />
#Complete the Request for Review form and submit it to the Review Division ''within ninety (90) days'' of the date that the WCB <span class="noglossary">decision</span> or <span class="noglossary">order</span> was made. The address is on the form.<br />
<br />
{{Tipsbox<br />
| width = 90%<br />
| tips = If you are off work for a significant period of time, you <span class="noglossary">will</span> receive many letters from WorkSafeBC. Read these carefully, because each one could be a <span class="noglossary">decision</span> denying or limiting benefits. If in doubt, get legal advice, and if there is something in the letter that you don't agree with, challenge it. If you fail to request a review of a <span class="noglossary">decision</span> within the ninety (90) day time limit, you may lose any chance of changing it, no matter how unfair it is.<br />
}}<br />
<br />
== What happens next ==<br />
<br />
=== WCB Review Division === <br />
You <span class="noglossary">will</span> receive a complete copy of your WCB file, including all documents the Board has about your claim. Review it carefully to better understand why the Board made the <span class="noglossary">decision</span> you are appealing, so that you can explain to the Review Division why it is wrong.<br />
<br />
If your review involves a medical issue, such as whether you are able to return to work, ask your doctor to write to the Board. Most successful reviews are based on new medical evidence.<br />
<br />
Your review may also involve a policy issue. The WCB's policy manual, which is nearly 800 pages long, has the force of law, and there are detailed policies about almost every aspect of the claims process. You can read or download the [http://www.worksafebc.com/publications/policy_manuals/Rehabilitation_Services_and_Claims_Manual/default.asp ''Rehabilitation Services and Claims Manual''] from the WCB's website. <br />
<br />
The Review Officer <span class="noglossary">will</span> give you a deadline for sending in any new information or arguments. If you need more time, ask for it. Make sure that you tell the Review Officer about any wrong information in the file, whether it's from a WCB doctor, your employer, or anyone else, and that you explain why the Board's <span class="noglossary">decision</span> was wrong. <br />
<br />
The Review Division usually decides the review within six months.<br />
<br />
<br />
{{Tipsbox<br />
| width = 90%<br />
| tips = There are several options for seeking legal help on a WCB claim review. The Workers' Advisers Office provides free, expert advice and occasionally <span class="noglossary">representation</span> to any worker who requests it. Contact them immediately, as you may have to wait for an appointment. Most unions also provide free, expert help to their injured members. If you belong to a union, tell them about the injury immediately. There are also community organizations that do WCB cases, and there are private lawyers and non-lawyer advocates who are experts in WCB matters. <br />
}}<br />
<br />
=== Workers' Compensation Appeal Tribunal (WCAT) === <br />
If you disagree with the Review Division's <span class="noglossary">decision</span>, you can appeal it to the Workers' Compensation Appeal Tribunal (WCAT). You must appeal ''within 30 days'' after the date of the Review Division <span class="noglossary">decision</span>. <br />
<br />
The WCAT conducts appeals by rehearing them, which means that it considers all the evidence in the file and any new evidence presented by the parties, and then makes its own findings of fact and law. You should ask for an oral hearing, so that you can explain your case to the WCAT vice-chair in person. <br />
<br />
The WCAT is the final level of appeal, and its decisions can only be challenged in a judicial review proceeding in the Supreme Court of BC. The WCAT can, however, reconsider its own decisions on the basis of new evidence that couldn't have been presented at the first appeal, or because the first <span class="noglossary">decision</span> was based on a serious legal error. <br />
<br />
== Where to get help ==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are: <br />
* [[Workers' Advisers]]. <br />
* [[PovNet]]. <br />
* [[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. <br />
* [[Community Legal Assistance Society]]. <br />
* The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1723 Workers' Compensation]." <br />
* The WCB's website at [http://www.worksafebc.com www.worksafebc.com] has a lot of information about workers' compensation, including its policy manuals, practice directives, past decisions of the Review Division, and all the forms needed to pursue a claim. <br />
* The WCAT website at [http://www.wcat.bc.ca www.wcat.bc.ca] also has a great deal of useful information, including its procedure manual and a searchable collection of its past decisions. <br />
* The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1077 I’ve been cut off workers' compensation benefits]." <br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case. <br />
<br />
{{REVIEWED | reviewer = [[Trevor Thomas]], November 2015}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=I%27ve_Been_Cut_off_Workers%27_Compensation_Benefits&diff=34130I've Been Cut off Workers' Compensation Benefits2017-03-07T20:05:07Z<p>Trevor Thomas: /* First steps */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}The Workers' Compensation Board (the WCB, also known as WorkSafeBC) pays benefits to people who have an injury or disease caused by their work. The WCB also pays benefits to dependents of a worker who has been killed on the job or died due to an occupational disease. <br />
<br />
Workers' compensation is a no fault insurance scheme. If you have been injured at work, you <span class="noglossary">will</span> not be allowed to sue your employer or any other worker or employer who may have caused the injury. Your only recourse is to make a workers' compensation claim. That makes it very important that you report your injury to your employer and the WCB as soon as possible after it occurs, and that you and your doctor give the WCB the information it needs about your condition and prospects for recovery. <br />
<br />
Initially, the WCB pays benefits equal to 90% of the net (take home) wages you were earning at the time of injury. After ten weeks the benefits <span class="noglossary">will</span> be based on your long term average earnings. If your benefits drop significantly at this point, you should consider an appeal. <br />
<br />
When the WCB decides that you have recovered, your benefits <span class="noglossary">will</span> cease. If you and/or your doctor do not agree that you are ready to go back to work, you should appeal. The WCB <span class="noglossary">will</span> also terminate your benefits if they feel that your condition has stabilized and become permanent. If you or your doctor disagree, you should appeal. <br />
<br />
Workers who have a permanent <span class="noglossary">disability</span> are entitled to a total or partial pension, payable until age 65. Permanently disabled workers (and sometimes others) may also be entitled to vocational rehabilitation assistance. As well, WCB plays all medical and related <span class="noglossary">costs</span> of an injury or disease. <br />
<br />
If a <span class="noglossary">decision</span> of the WCB limits your benefits or cuts you off benefits, the first stage of the appeal process is to request a ''review of the <span class="noglossary">decision</span>'' by the WCB Review Division. <br />
<br />
== First steps ==<br />
<br />
#To request a review of a <span class="noglossary">decision</span> by the WCB's Review Division, get the [http://www.worksafebc.com/forms/assets/PDF/63m1.pdf Request for Review] form online or by phone at 1-888-855-2477. <br />
#Complete the Request for Review form and submit it to the Review Division ''within ninety (90) days'' of the date that the WCB <span class="noglossary">decision</span> or <span class="noglossary">order</span> was made. The address is on the form.<br />
<br />
{{Tipsbox<br />
| width = 90%<br />
| tips = If you are off work for a significant period of time, you <span class="noglossary">will</span> receive many letters from WorkSafeBC. Read these carefully, because each one could be a <span class="noglossary">decision</span> denying or limiting benefits. If in doubt, get legal advice, and if there is something in the letter that you don't agree with, challenge it. If you fail to request a review of a <span class="noglossary">decision</span> within the ninety (90) day time limit, you may lose any chance of changing it, no matter how unfair it is.<br />
}}<br />
<br />
== What happens next ==<br />
<br />
=== WCB Review Division === <br />
You <span class="noglossary">will</span> receive a complete copy of your WCB file, including all documents the Board has about your claim. Review it carefully to better understand why the Board made the <span class="noglossary">decision</span> you are appealing, so that you can explain to the Review Division why it is wrong.<br />
<br />
If your review involves a medical issue, such as whether you are able to return to work, ask your doctor to write to the Board. Most successful reviews are based on new medical evidence.<br />
<br />
Your review may also involve a policy issue. The WCB's policy manual, which is nearly 800 pages long, has the force of law, and there are detailed policies about almost every aspect of the claims process. You can read or download the [http://www.worksafebc.com/publications/policy_manuals/Rehabilitation_Services_and_Claims_Manual/default.asp ''Rehabilitation Services and Claims Manual''] from the WCB's website. <br />
<br />
The Review Officer <span class="noglossary">will</span> give you a deadline for sending in any new information or arguments. If you need more time, ask for it. Make sure that you tell the Review Officer about any wrong information in the file, whether it's from a WCB doctor, your employer, or anyone else, and that you explain why the Board's <span class="noglossary">decision</span> was wrong. <br />
<br />
The Review Division usually decides the review within six months. <br />
<br />
{{Tipsbox<br />
| width = 90%<br />
| tips = There are several options for seeking legal help on a WCB claim review. The Workers' Advisers Office provides free, expert advice and occasionally <span class="noglossary">representation</span> to any worker who requests it. Contact them immediately, as you may have to wait for an appointment. Most unions also provide free, expert help to their injured members. If you belong to a union, tell them about the injury immediately. There are also community organizations that do WCB cases, and there are private lawyers and non-lawyer advocates who are experts in WCB matters. <br />
}}<br />
<br />
=== Workers' Compensation Appeal Tribunal (WCAT) === <br />
If you disagree with the Review Division's <span class="noglossary">decision</span>, you can appeal it to the Workers' Compensation Appeal Tribunal (WCAT). You must appeal ''within 30 days'' after the date of the Review Division <span class="noglossary">decision</span>. <br />
<br />
The WCAT conducts appeals by rehearing them, which means that it considers all the evidence in the file and any new evidence presented by the parties, and then makes its own findings of fact and law. You should ask for an oral hearing, so that you can explain your case to the WCAT vice-chair in person. <br />
<br />
The WCAT is the final level of appeal, and its decisions can only be challenged in a judicial review proceeding in the Supreme Court of BC. The WCAT can, however, reconsider its own decisions on the basis of new evidence that couldn't have been presented at the first appeal, or because the first <span class="noglossary">decision</span> was based on a serious legal error. <br />
<br />
== Where to get help ==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are: <br />
* [[Workers' Advisers]]. <br />
* [[PovNet]]. <br />
* [[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. <br />
* [[Community Legal Assistance Society]]. <br />
* The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1723 Workers' Compensation]." <br />
* The WCB's website at [http://www.worksafebc.com www.worksafebc.com] has a lot of information about workers' compensation, including its policy manuals, practice directives, past decisions of the Review Division, and all the forms needed to pursue a claim. <br />
* The WCAT website at [http://www.wcat.bc.ca www.wcat.bc.ca] also has a great deal of useful information, including its procedure manual and a searchable collection of its past decisions. <br />
* The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1077 I’ve been cut off workers' compensation benefits]." <br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case. <br />
<br />
{{REVIEWED | reviewer = [[Trevor Thomas]], November 2015}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=I_Have_Been_Dismissed_(Fired)_without_Just_Cause&diff=34129I Have Been Dismissed (Fired) without Just Cause2017-03-07T19:57:46Z<p>Trevor Thomas: /* Where to get help */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}The general rule is that you can be dismissed (fired or laid off) even if you’ve done nothing wrong, and the law can't require that you get your job back. There are exceptions, however: <br />
*'''Union members:''' If you belong to a union, your union representatives can file a grievance on your behalf. The arbitrator can <span class="noglossary">order</span> that you be reinstated, along with back pay. <br />
*'''Human rights violations:''' If you believe that you've been fired because of your race, political belief, religion, marital or family status, physical or mental <span class="noglossary">disability</span>, sex, sexual orientation, age or a criminal conviction, you can file a human rights complaint, and the BC or federal human rights tribunal could <span class="noglossary">order</span> that you be reinstated, along with lost pay. See "[[I am being discriminated against or sexually harassed]]" in this Guide.<br />
*'''Health or safety complaints:''' If you believe that you've been fired because you complained about a health or safety matter (relating to yourself or anyone else), you can file a ''discrimination complaint'' with workers' compensation (WorkSafeBC). WorkSafeBC can <span class="noglossary">order</span> that you be reinstated and receive back pay unless the employer can prove that your health and safety actions had nothing to do with your dismissal. <br />
*'''Federally regulated employees:''' If you have been fired after being employed in a federally regulated industry for twelve (12) months or more, you can ask an adjudicator for an <span class="noglossary">order</span> for lost pay and, if you wish, that you be reinstated. <br />
<br />
If you don't fall within one of these groups, you won't be able to get your job back, but you are entitled to receive ''notice'' before your employment ends, or ''pay in lieu of notice''. The minimum notice requirements depend on whether your employer is federally or provincially regulated (for a <span class="noglossary">brief</span> explanation, see "[[My employer isn't paying my wages]]" in this Guide). <br />
<br />
If your employer is ''provincially regulated'', you are entitled to at least: <br />
*One (1) week's notice (or equivalent pay) after three (3) consecutive months of employment. <br />
*Two (2) weeks' notice (or equivalent pay) after twelve (12) consecutive months of employment. <br />
*Three (3) weeks' notice (or equivalent pay) after three (3) consecutive years of employment, plus an additional week's notice (or equivalent pay) for each additional consecutive year of employment to a maximum of eight (8) weeks' notice (or equivalent pay).<br />
<br />
If your employer is ''federally regulated'', you are entitled to at least two (2) weeks' notice or two (2) weeks of severance pay in lieu of notice once you have completed three (3) consecutive months of employment. <br />
<br />
In addition to your entitlement to minimum notice (or pay in lieu of notice), you may also be entitled to common law reasonable notice (or pay in lieu of notice). This additional entitlement may be significantly more than the minimum amounts. The additional common law reasonable notice may also require you to take steps to "mitigate" your loss of income and benefits. This means that, after your employment ends, you may have a legal obligation to take reasonable steps to find new employment. A failure to mitigate may affect your entitlement to the amount of common law reasonable notice.<br />
<br />
If you have not been explicitly dismissed (fired), but your employer has taken action to demonstrate that it no longer wishes to continue your employment, this may be a constructive dismissal. Since you have not been formally dismissed, the employer's action is referred to as a "constructive" dismissal. If you can prove that you have been constructively dismissed, you may be entitled to the minimum notice entitlement and common law reasonable notice. <br />
<br />
==First steps==<br />
If you did not receive the notice or equivalent pay that you are entitled to:<br />
#Follow the steps outlined in "[[My employer isn't paying my wages]]" to file an employment standards complaint. The steps <span class="noglossary">will</span> vary depending on whether your employer is federally or provincially regulated. If your employer is federally regulated, you must file your complaint within ''ninety (90) days'' of the dismissal. If your employer is provincially regulated, you must file your complaint within ''six (6) months'' of the dismissal. In either case, you need to <span class="noglossary">act</span> quickly.<br />
#If you have been dismissed without just cause, you may also sue your employer in court for ''wrongful dismissal''. See "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide. A judge may order your employer to pay you more money that the provincially or federally regulated minimums described above. If you intend to commence legal proceedings in court for wrongful dismissal, you must file your claim within ''two (2) years'' of the dismissal.<br />
<br />
If you have been dismissed for "just cause", you may still have a chance to make a claim. Speak to a lawyer or advocate immediately, as the timelines noted above will apply.<br />
<br />
<br />
{{Tipsbox<br />
| width = 70%<br />
| tips = If you belong to a union and have been dismissed from your job, you should immediately ask your shop steward or other union representative to file a grievance on your behalf. <br />
}}<br />
<br />
== What happens next ==<br />
<br />
If you have filed an employment standards complaint, see "[[My employer isn't paying my wages]]" in this Guide for what happens next. If your employer is federally regulated and you have worked twelve (12) or more months, you can apply for an order for all the pay you would have earned had you not been dismissed and, if you wish, that you be given your job back. Note that you may be awarded less than your full loss of earnings depending on the facts. <br />
<br />
If you have chosen to sue your former employer, see "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide for what happens next.<br />
<br />
== Employment Insurance benefits ==<br />
<br />
You may be entitled to employment insurance (EI) benefits if you lose your job through no fault of your own (for example, you were dismissed without cause) and you are available and able to work, but aren't able to find work. EI benefits provide regular financial benefits to assist you through the transition of job loss. You must apply for EI benefits as soon as you stop working. A delay in filing for EI benefits may affect your eligibility. <br />
<br />
You may be entitled to EI benefits if you:<br />
<br />
*were employed in insurable employment;<br />
*lost your job through no fault of your own;<br />
*have been without work and without pay for at least seven consecutive days in the last 52 weeks;<br />
*have worked for the required number of insurable employment hours in the last 52 weeks or since the start of your last EI claim, whichever is shorter;<br />
*are ready, willing and capable of working each day; and<br />
*are actively looking for work (you must keep a written record of employers you contact, including when you contacted them).<br />
<br />
You may not be entitled to benefits if you:<br />
<br />
*voluntarily left your job without just cause;<br />
*were dismissed for misconduct;<br />
*are unemployed because you are directly participating in a labour dispute (for example, a strike, lockout or other type of conflict); or<br />
*during a period of leave that compensates for a period in which you worked under an agreement with your employer, more hours than are normally worked in full-time employment.<br />
<br />
== Where to get help ==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are: <br />
*[[Employment Standards Branch of BC]] if your employer is provincially regulated, and [[Employment Standards (Canada)]] if your employer is federally regulated. <br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. <br />
*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1074 I’ve been dismissed (fired) without just cause]." <br />
*[[Service Canada]], and particularly their resources on Employment Insurance: the [http://www.servicecanada.gc.ca/eng/sc/ei/index.shtml EI Homepage].<br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.<br />
<br />
{{REVIEWED | reviewer = [[Trevor Thomas]], March 2017}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=I%27ve_Been_Turned_Down_for_Employment_Insurance_Benefits&diff=34128I've Been Turned Down for Employment Insurance Benefits2017-03-07T19:56:45Z<p>Trevor Thomas: /* Where to get help */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br><br />
Employment Insurance (EI) may give one of these reasons for turning you down:<br />
<br />
:* '''You do not have enough hours of work to qualify'''. To get EI benefits, you must have worked a certain number of hours. You must have worked those hours in your qualifying period, which is usually the year before you apply. <br />
<br />
:* You were '''fired for''' ''just cause''. (a good legal reason)<br />
<br />
:* You quit '''without''' ''just cause''.<br />
<br />
:* You are '''not available for work''' (includes not actively looking for a job). You may not be able to get EI benefits until you are available for work. <br />
<br />
:* You made '''false statements to EI'''. You may have to repay some benefits and you may have to pay a penalty.<br />
<br />
<br />
'''You can ask for a reconsideration and appeal any of these decisions'''<br />
<br />
If you disagree with a decision made by Service Canada regarding your EI benefits, you have the right to request a reconsideration of that decision. <br />
<br />
You can appeal (ask for a reconsideration of your claim) if EI:<br />
:* has refused you benefits <br />
:* says you have to repay benefits <br />
:* has given you a warning letter and/or a penalty<br />
<br />
== First steps ==<br />
<br />
To request a reconsideration, complete the [http://www.servicecanada.gc.ca/cgi-bin/search/eforms/index.cgi?app=prfl&frm=ins5210&ln=eng reconsideration form] and mail it to the address provided on the form within ''thirty (30) days'' of receiving the decision. <br />
<br />
If you do not agree with the reconsideration decision, you can file an [http://www1.canada.ca/en/sst/ap/eigd.html appeal] with the Social Security Tribunal. Your appeal must be filed within ''thirty (30) days'' of receiving your reconsideration decision. <br />
<br />
If you disagree with the decision made by the Social Security Tribunal, you can [http://www1.canada.ca/en/sst/ap/eiad.html appeal] to the Social Security Tribunal's Appeal Division. The appeal must be filed within ''thirty (30) days'' of receiving the appeal decision. You will have to request permission to file the appeal<br />
<br />
== What happens next ==<br />
<br />
'''Reconsideration'''<br />
<br />
After you have filed your reconsideration, Service Canada will review your file and notify you of the decision. Each case is decided on its own merits. There are no oral hearings for this process.<br />
<br />
'''Appeal to the General Division'''<br />
<br />
Once you file your appeal, the Social Security Tribunal will send you a copy of your EI file. This file contains all the information EI used to make its decision. <br />
<br />
A Social Security Tribunal (SST) member will review the EI file as well as your appeal form or letter and any other information you have provided. <br />
<br />
The Social Security Tribunal member will decide one of two things:<br />
<br />
:* your appeal goes forward, or<br />
<br />
:* your appeal is dismissed.<br />
<br />
The Social Security Tribunal member will send you the decision in writing. <br />
<br />
If your appeal is dismissed, you can appeal that decision. See the section, '''Appeal to the Appeal Division'''<br />
<br />
'''If your appeal goes forward'''<br />
<br />
If your appeal goes forward, the Social Security Tribunal member will do one of two things: make a '''decision on the record''', or hold a '''hearing'''. <br />
<br />
:* '''A decision on the record''' means the Tribunal member will decide based on the EI file and the materials you sent.<br />
<br />
:* If a '''hearing''' will take place, the Tribunal will contact you to schedule the hearing. You can present your own case, or you can arrange for someone such as a lawyer or an advocate or a friend to help you. See '''Where to get help''' to find someone who can help you.<br />
<br />
After the hearing, the Tribunal member will make the decision, put it in writing and send you a copy. <br />
<br />
'''Appeal to the Appeal Division'''<br />
<br />
If you disagree with the decision, you can go to the second level of appeal at the Social Security Tribunal. This is called the Appeal Division. <br />
<br />
You will need ''leave to appeal'' (permission to appeal) to this second level, unless you are appealing the General Division’s decision to dismiss your appeal. <br />
<br />
You must file your appeal '''within thirty (30) days''' of the day you got the decision from the General Division. <br />
<br />
The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI Appeal Division'''.<br />
<br />
== Where to get help ==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this guide for a list of helpful resources. Your best bets are: <br />
*[[Service Canada]], and particularly their resources on Employment Insurance: the [http://www.servicecanada.gc.ca/eng/sc/ei/index.shtml EI Homepage], a section for [http://www.ei-ae.gc.ca/en/home.shtml Employment Insurance Appellants], and a [http://www.ei-ae.gc.ca/en/board/favourable_jurisprudence/favourable_decisions_introduction.shtml collection of EI appeal decisions favouring workers]. <br />
*[[PovNet]]. <br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. <br />
*[[Community Legal Assistance Society]]. <br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1724 Employment Insurance]." <br />
<br />
<br />
Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. When you go to the meeting, make sure you take copies of all the documents about your case. <br />
<br />
<br />
{{REVIEWED | reviewer = [[Trevor Thomas]], March 2017}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=I%27ve_Been_Turned_Down_for_Employment_Insurance_Benefits&diff=34127I've Been Turned Down for Employment Insurance Benefits2017-03-07T19:56:17Z<p>Trevor Thomas: /* What happens next */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br><br />
Employment Insurance (EI) may give one of these reasons for turning you down:<br />
<br />
:* '''You do not have enough hours of work to qualify'''. To get EI benefits, you must have worked a certain number of hours. You must have worked those hours in your qualifying period, which is usually the year before you apply. <br />
<br />
:* You were '''fired for''' ''just cause''. (a good legal reason)<br />
<br />
:* You quit '''without''' ''just cause''.<br />
<br />
:* You are '''not available for work''' (includes not actively looking for a job). You may not be able to get EI benefits until you are available for work. <br />
<br />
:* You made '''false statements to EI'''. You may have to repay some benefits and you may have to pay a penalty.<br />
<br />
<br />
'''You can ask for a reconsideration and appeal any of these decisions'''<br />
<br />
If you disagree with a decision made by Service Canada regarding your EI benefits, you have the right to request a reconsideration of that decision. <br />
<br />
You can appeal (ask for a reconsideration of your claim) if EI:<br />
:* has refused you benefits <br />
:* says you have to repay benefits <br />
:* has given you a warning letter and/or a penalty<br />
<br />
== First steps ==<br />
<br />
To request a reconsideration, complete the [http://www.servicecanada.gc.ca/cgi-bin/search/eforms/index.cgi?app=prfl&frm=ins5210&ln=eng reconsideration form] and mail it to the address provided on the form within ''thirty (30) days'' of receiving the decision. <br />
<br />
If you do not agree with the reconsideration decision, you can file an [http://www1.canada.ca/en/sst/ap/eigd.html appeal] with the Social Security Tribunal. Your appeal must be filed within ''thirty (30) days'' of receiving your reconsideration decision. <br />
<br />
If you disagree with the decision made by the Social Security Tribunal, you can [http://www1.canada.ca/en/sst/ap/eiad.html appeal] to the Social Security Tribunal's Appeal Division. The appeal must be filed within ''thirty (30) days'' of receiving the appeal decision. You will have to request permission to file the appeal<br />
<br />
== What happens next ==<br />
<br />
'''Reconsideration'''<br />
<br />
After you have filed your reconsideration, Service Canada will review your file and notify you of the decision. Each case is decided on its own merits. There are no oral hearings for this process.<br />
<br />
'''Appeal to the General Division'''<br />
<br />
Once you file your appeal, the Social Security Tribunal will send you a copy of your EI file. This file contains all the information EI used to make its decision. <br />
<br />
A Social Security Tribunal (SST) member will review the EI file as well as your appeal form or letter and any other information you have provided. <br />
<br />
The Social Security Tribunal member will decide one of two things:<br />
<br />
:* your appeal goes forward, or<br />
<br />
:* your appeal is dismissed.<br />
<br />
The Social Security Tribunal member will send you the decision in writing. <br />
<br />
If your appeal is dismissed, you can appeal that decision. See the section, '''Appeal to the Appeal Division'''<br />
<br />
'''If your appeal goes forward'''<br />
<br />
If your appeal goes forward, the Social Security Tribunal member will do one of two things: make a '''decision on the record''', or hold a '''hearing'''. <br />
<br />
:* '''A decision on the record''' means the Tribunal member will decide based on the EI file and the materials you sent.<br />
<br />
:* If a '''hearing''' will take place, the Tribunal will contact you to schedule the hearing. You can present your own case, or you can arrange for someone such as a lawyer or an advocate or a friend to help you. See '''Where to get help''' to find someone who can help you.<br />
<br />
After the hearing, the Tribunal member will make the decision, put it in writing and send you a copy. <br />
<br />
'''Appeal to the Appeal Division'''<br />
<br />
If you disagree with the decision, you can go to the second level of appeal at the Social Security Tribunal. This is called the Appeal Division. <br />
<br />
You will need ''leave to appeal'' (permission to appeal) to this second level, unless you are appealing the General Division’s decision to dismiss your appeal. <br />
<br />
You must file your appeal '''within thirty (30) days''' of the day you got the decision from the General Division. <br />
<br />
The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI Appeal Division'''.<br />
<br />
== Where to get help ==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this guide for a list of helpful resources. Your best bets are: <br />
*[[Service Canada]], and particularly their resources on Employment Insurance: the [http://www.servicecanada.gc.ca/eng/sc/ei/index.shtml EI Homepage], a section for [http://www.ei-ae.gc.ca/en/home.shtml Employment Insurance Appellants], and a [http://www.ei-ae.gc.ca/en/board/favourable_jurisprudence/favourable_decisions_introduction.shtml collection of EI appeal decisions favouring workers]. <br />
*[[PovNet]]. <br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. <br />
*[[Community Legal Assistance Society]]. <br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1724 Employment Insurance]." <br />
<br />
<br />
Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. When you go to the meeting, make sure you take copies of all the documents about your case. <br />
<br />
<br />
{{REVIEWED | reviewer = [[Trevor Thomas]], November 2015}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=I%27ve_Been_Turned_Down_for_Employment_Insurance_Benefits&diff=34126I've Been Turned Down for Employment Insurance Benefits2017-03-07T19:54:59Z<p>Trevor Thomas: /* First steps */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br><br />
Employment Insurance (EI) may give one of these reasons for turning you down:<br />
<br />
:* '''You do not have enough hours of work to qualify'''. To get EI benefits, you must have worked a certain number of hours. You must have worked those hours in your qualifying period, which is usually the year before you apply. <br />
<br />
:* You were '''fired for''' ''just cause''. (a good legal reason)<br />
<br />
:* You quit '''without''' ''just cause''.<br />
<br />
:* You are '''not available for work''' (includes not actively looking for a job). You may not be able to get EI benefits until you are available for work. <br />
<br />
:* You made '''false statements to EI'''. You may have to repay some benefits and you may have to pay a penalty.<br />
<br />
<br />
'''You can ask for a reconsideration and appeal any of these decisions'''<br />
<br />
If you disagree with a decision made by Service Canada regarding your EI benefits, you have the right to request a reconsideration of that decision. <br />
<br />
You can appeal (ask for a reconsideration of your claim) if EI:<br />
:* has refused you benefits <br />
:* says you have to repay benefits <br />
:* has given you a warning letter and/or a penalty<br />
<br />
== First steps ==<br />
<br />
To request a reconsideration, complete the [http://www.servicecanada.gc.ca/cgi-bin/search/eforms/index.cgi?app=prfl&frm=ins5210&ln=eng reconsideration form] and mail it to the address provided on the form within ''thirty (30) days'' of receiving the decision. <br />
<br />
If you do not agree with the reconsideration decision, you can file an [http://www1.canada.ca/en/sst/ap/eigd.html appeal] with the Social Security Tribunal. Your appeal must be filed within ''thirty (30) days'' of receiving your reconsideration decision. <br />
<br />
If you disagree with the decision made by the Social Security Tribunal, you can [http://www1.canada.ca/en/sst/ap/eiad.html appeal] to the Social Security Tribunal's Appeal Division. The appeal must be filed within ''thirty (30) days'' of receiving the appeal decision. You will have to request permission to file the appeal<br />
<br />
== What happens next ==<br />
<br />
'''Reconsideration'''<br />
<br />
After you have filed your reconsideration, Service Canada will review your file and notify you of the decision. Each case is decided on its own merits. There are no oral hearings for this process.<br />
<br />
'''Appeal to the General Division'''<br />
<br />
Once you file your appeal, the Social Security Tribunal will send you a copy of your EI file. This file contains all the information EI used to make its decision. <br />
<br />
A Social Security Tribunal (SST) member will review the EI file as well as your appeal form or letter and any other information you have provided. <br />
<br />
The Social Security Tribunal member will decide one of two things:<br />
<br />
:* your appeal goes forward, or<br />
<br />
:* your appeal is dismissed.<br />
<br />
The Social Security Tribunal member will send you the decision in writing. <br />
<br />
If your appeal is dismissed, you can appeal that decision. See the section, '''Appeal to the Appeal Division'''<br />
<br />
'''If your appeal goes forward'''<br />
<br />
If your appeal goes forward, the Social Security Tribunal member will do one of two things: make a '''decision on the record''', or hold a '''hearing'''. <br />
<br />
:* '''A decision on the record''' means the Tribunal member will decide based on the EI file and the materials you sent.<br />
<br />
:* If a '''hearing''' will take place, the Tribunal will contact you to schedule the hearing. You can present your own case, or you can arrange for someone such as a lawyer or an advocate or a friend to help you. See '''Where to get help''' to find someone who can help you.<br />
<br />
After the hearing, the Tribunal member will make the decision, put it in writing and send you a copy. <br />
<br />
'''Appeal to the Appeal Division'''<br />
<br />
If you disagree with the decision, you can go to the second level of appeal at the Social Security Tribunal. This is called the Appeal Division. <br />
<br />
You will need ''leave to appeal'' (permission to appeal) to this second level, unless you are appealing the General Division’s decision to dismiss your appeal. <br />
<br />
You must file your appeal '''within 30 days''' of the day you got the decision from the General Division. <br />
<br />
The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI Appeal Division'''. <br />
<br />
<br />
== Where to get help ==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this guide for a list of helpful resources. Your best bets are: <br />
*[[Service Canada]], and particularly their resources on Employment Insurance: the [http://www.servicecanada.gc.ca/eng/sc/ei/index.shtml EI Homepage], a section for [http://www.ei-ae.gc.ca/en/home.shtml Employment Insurance Appellants], and a [http://www.ei-ae.gc.ca/en/board/favourable_jurisprudence/favourable_decisions_introduction.shtml collection of EI appeal decisions favouring workers]. <br />
*[[PovNet]]. <br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. <br />
*[[Community Legal Assistance Society]]. <br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1724 Employment Insurance]." <br />
<br />
<br />
Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. When you go to the meeting, make sure you take copies of all the documents about your case. <br />
<br />
<br />
{{REVIEWED | reviewer = [[Trevor Thomas]], November 2015}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=I%27ve_Been_Turned_Down_for_Employment_Insurance_Benefits&diff=34125I've Been Turned Down for Employment Insurance Benefits2017-03-07T19:51:58Z<p>Trevor Thomas: /* First steps */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br><br />
Employment Insurance (EI) may give one of these reasons for turning you down:<br />
<br />
:* '''You do not have enough hours of work to qualify'''. To get EI benefits, you must have worked a certain number of hours. You must have worked those hours in your qualifying period, which is usually the year before you apply. <br />
<br />
:* You were '''fired for''' ''just cause''. (a good legal reason)<br />
<br />
:* You quit '''without''' ''just cause''.<br />
<br />
:* You are '''not available for work''' (includes not actively looking for a job). You may not be able to get EI benefits until you are available for work. <br />
<br />
:* You made '''false statements to EI'''. You may have to repay some benefits and you may have to pay a penalty.<br />
<br />
<br />
'''You can ask for a reconsideration and appeal any of these decisions'''<br />
<br />
If you disagree with a decision made by Service Canada regarding your EI benefits, you have the right to request a reconsideration of that decision. <br />
<br />
You can appeal (ask for a reconsideration of your claim) if EI:<br />
:* has refused you benefits <br />
:* says you have to repay benefits <br />
:* has given you a warning letter and/or a penalty<br />
<br />
== First steps ==<br />
<br />
To request a reconsideration, complete the [http://www.servicecanada.gc.ca/cgi-bin/search/eforms/index.cgi?app=prfl&frm=ins5210&ln=eng reconsideration form] and mail it to the address provided on the form within ''thirty (30) days'' of receiving the decision. <br />
<br />
If you do not agree with the reconsideration decision, you can file an [http://www1.canada.ca/en/sst/ap/eigd.html appeal] with the Social Security Tribunal. Your appeal must be filed within 30 days of receiving your reconsideration decision. <br />
<br />
If you disagree with the decision made by the Social Security Tribunal, you can [http://www1.canada.ca/en/sst/ap/eiad.html appeal] to the Social Security Tribunal's Appeal Division. The appeal must be filed within 30 days of receiving the appeal decision. You will have to request permission to file the appeal<br />
<br />
== What happens next ==<br />
<br />
'''Reconsideration'''<br />
<br />
After you have filed your reconsideration, Service Canada will review your file and notify you of the decision. Each case is decided on its own merits. There are no oral hearings for this process.<br />
<br />
'''Appeal to the General Division'''<br />
<br />
Once you file your appeal, the Social Security Tribunal will send you a copy of your EI file. This file contains all the information EI used to make its decision. <br />
<br />
A Social Security Tribunal (SST) member will review the EI file as well as your appeal form or letter and any other information you have provided. <br />
<br />
The Social Security Tribunal member will decide one of two things:<br />
<br />
:* your appeal goes forward, or<br />
<br />
:* your appeal is dismissed.<br />
<br />
The Social Security Tribunal member will send you the decision in writing. <br />
<br />
If your appeal is dismissed, you can appeal that decision. See the section, '''Appeal to the Appeal Division'''<br />
<br />
'''If your appeal goes forward'''<br />
<br />
If your appeal goes forward, the Social Security Tribunal member will do one of two things: make a '''decision on the record''', or hold a '''hearing'''. <br />
<br />
:* '''A decision on the record''' means the Tribunal member will decide based on the EI file and the materials you sent.<br />
<br />
:* If a '''hearing''' will take place, the Tribunal will contact you to schedule the hearing. You can present your own case, or you can arrange for someone such as a lawyer or an advocate or a friend to help you. See '''Where to get help''' to find someone who can help you.<br />
<br />
After the hearing, the Tribunal member will make the decision, put it in writing and send you a copy. <br />
<br />
'''Appeal to the Appeal Division'''<br />
<br />
If you disagree with the decision, you can go to the second level of appeal at the Social Security Tribunal. This is called the Appeal Division. <br />
<br />
You will need ''leave to appeal'' (permission to appeal) to this second level, unless you are appealing the General Division’s decision to dismiss your appeal. <br />
<br />
You must file your appeal '''within 30 days''' of the day you got the decision from the General Division. <br />
<br />
The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI Appeal Division'''. <br />
<br />
<br />
== Where to get help ==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this guide for a list of helpful resources. Your best bets are: <br />
*[[Service Canada]], and particularly their resources on Employment Insurance: the [http://www.servicecanada.gc.ca/eng/sc/ei/index.shtml EI Homepage], a section for [http://www.ei-ae.gc.ca/en/home.shtml Employment Insurance Appellants], and a [http://www.ei-ae.gc.ca/en/board/favourable_jurisprudence/favourable_decisions_introduction.shtml collection of EI appeal decisions favouring workers]. <br />
*[[PovNet]]. <br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. <br />
*[[Community Legal Assistance Society]]. <br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1724 Employment Insurance]." <br />
<br />
<br />
Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. When you go to the meeting, make sure you take copies of all the documents about your case. <br />
<br />
<br />
{{REVIEWED | reviewer = [[Trevor Thomas]], November 2015}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=I_Have_Been_Dismissed_(Fired)_without_Just_Cause&diff=34124I Have Been Dismissed (Fired) without Just Cause2017-03-07T19:49:01Z<p>Trevor Thomas: /* Where to get help */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}The general rule is that you can be dismissed (fired or laid off) even if you’ve done nothing wrong, and the law can't require that you get your job back. There are exceptions, however: <br />
*'''Union members:''' If you belong to a union, your union representatives can file a grievance on your behalf. The arbitrator can <span class="noglossary">order</span> that you be reinstated, along with back pay. <br />
*'''Human rights violations:''' If you believe that you've been fired because of your race, political belief, religion, marital or family status, physical or mental <span class="noglossary">disability</span>, sex, sexual orientation, age or a criminal conviction, you can file a human rights complaint, and the BC or federal human rights tribunal could <span class="noglossary">order</span> that you be reinstated, along with lost pay. See "[[I am being discriminated against or sexually harassed]]" in this Guide.<br />
*'''Health or safety complaints:''' If you believe that you've been fired because you complained about a health or safety matter (relating to yourself or anyone else), you can file a ''discrimination complaint'' with workers' compensation (WorkSafeBC). WorkSafeBC can <span class="noglossary">order</span> that you be reinstated and receive back pay unless the employer can prove that your health and safety actions had nothing to do with your dismissal. <br />
*'''Federally regulated employees:''' If you have been fired after being employed in a federally regulated industry for twelve (12) months or more, you can ask an adjudicator for an <span class="noglossary">order</span> for lost pay and, if you wish, that you be reinstated. <br />
<br />
If you don't fall within one of these groups, you won't be able to get your job back, but you are entitled to receive ''notice'' before your employment ends, or ''pay in lieu of notice''. The minimum notice requirements depend on whether your employer is federally or provincially regulated (for a <span class="noglossary">brief</span> explanation, see "[[My employer isn't paying my wages]]" in this Guide). <br />
<br />
If your employer is ''provincially regulated'', you are entitled to at least: <br />
*One (1) week's notice (or equivalent pay) after three (3) consecutive months of employment. <br />
*Two (2) weeks' notice (or equivalent pay) after twelve (12) consecutive months of employment. <br />
*Three (3) weeks' notice (or equivalent pay) after three (3) consecutive years of employment, plus an additional week's notice (or equivalent pay) for each additional consecutive year of employment to a maximum of eight (8) weeks' notice (or equivalent pay).<br />
<br />
If your employer is ''federally regulated'', you are entitled to at least two (2) weeks' notice or two (2) weeks of severance pay in lieu of notice once you have completed three (3) consecutive months of employment. <br />
<br />
In addition to your entitlement to minimum notice (or pay in lieu of notice), you may also be entitled to common law reasonable notice (or pay in lieu of notice). This additional entitlement may be significantly more than the minimum amounts. The additional common law reasonable notice may also require you to take steps to "mitigate" your loss of income and benefits. This means that, after your employment ends, you may have a legal obligation to take reasonable steps to find new employment. A failure to mitigate may affect your entitlement to the amount of common law reasonable notice.<br />
<br />
If you have not been explicitly dismissed (fired), but your employer has taken action to demonstrate that it no longer wishes to continue your employment, this may be a constructive dismissal. Since you have not been formally dismissed, the employer's action is referred to as a "constructive" dismissal. If you can prove that you have been constructively dismissed, you may be entitled to the minimum notice entitlement and common law reasonable notice. <br />
<br />
==First steps==<br />
If you did not receive the notice or equivalent pay that you are entitled to:<br />
#Follow the steps outlined in "[[My employer isn't paying my wages]]" to file an employment standards complaint. The steps <span class="noglossary">will</span> vary depending on whether your employer is federally or provincially regulated. If your employer is federally regulated, you must file your complaint within ''ninety (90) days'' of the dismissal. If your employer is provincially regulated, you must file your complaint within ''six (6) months'' of the dismissal. In either case, you need to <span class="noglossary">act</span> quickly.<br />
#If you have been dismissed without just cause, you may also sue your employer in court for ''wrongful dismissal''. See "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide. A judge may order your employer to pay you more money that the provincially or federally regulated minimums described above. If you intend to commence legal proceedings in court for wrongful dismissal, you must file your claim within ''two (2) years'' of the dismissal.<br />
<br />
If you have been dismissed for "just cause", you may still have a chance to make a claim. Speak to a lawyer or advocate immediately, as the timelines noted above will apply.<br />
<br />
<br />
{{Tipsbox<br />
| width = 70%<br />
| tips = If you belong to a union and have been dismissed from your job, you should immediately ask your shop steward or other union representative to file a grievance on your behalf. <br />
}}<br />
<br />
== What happens next ==<br />
<br />
If you have filed an employment standards complaint, see "[[My employer isn't paying my wages]]" in this Guide for what happens next. If your employer is federally regulated and you have worked twelve (12) or more months, you can apply for an order for all the pay you would have earned had you not been dismissed and, if you wish, that you be given your job back. Note that you may be awarded less than your full loss of earnings depending on the facts. <br />
<br />
If you have chosen to sue your former employer, see "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide for what happens next.<br />
<br />
== Employment Insurance benefits ==<br />
<br />
You may be entitled to employment insurance (EI) benefits if you lose your job through no fault of your own (for example, you were dismissed without cause) and you are available and able to work, but aren't able to find work. EI benefits provide regular financial benefits to assist you through the transition of job loss. You must apply for EI benefits as soon as you stop working. A delay in filing for EI benefits may affect your eligibility. <br />
<br />
You may be entitled to EI benefits if you:<br />
<br />
*were employed in insurable employment;<br />
*lost your job through no fault of your own;<br />
*have been without work and without pay for at least seven consecutive days in the last 52 weeks;<br />
*have worked for the required number of insurable employment hours in the last 52 weeks or since the start of your last EI claim, whichever is shorter;<br />
*are ready, willing and capable of working each day; and<br />
*are actively looking for work (you must keep a written record of employers you contact, including when you contacted them).<br />
<br />
You may not be entitled to benefits if you:<br />
<br />
*voluntarily left your job without just cause;<br />
*were dismissed for misconduct;<br />
*are unemployed because you are directly participating in a labour dispute (for example, a strike, lockout or other type of conflict); or<br />
*during a period of leave that compensates for a period in which you worked under an agreement with your employer, more hours than are normally worked in full-time employment.<br />
<br />
== Where to get help ==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are: <br />
*[[Employment Standards Branch of BC]] if your employer is provincially regulated, and [[Employment Standards (Canada)]] if your employer is federally regulated. <br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. <br />
*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1074 I’ve been dismissed (fired) without just cause]." <br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.<br />
<br />
{{REVIEWED | reviewer = [[Trevor Thomas]], March 2017}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=I_Have_Been_Dismissed_(Fired)_without_Just_Cause&diff=34123I Have Been Dismissed (Fired) without Just Cause2017-03-07T19:47:31Z<p>Trevor Thomas: /* Where to get help */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}The general rule is that you can be dismissed (fired or laid off) even if you’ve done nothing wrong, and the law can't require that you get your job back. There are exceptions, however: <br />
*'''Union members:''' If you belong to a union, your union representatives can file a grievance on your behalf. The arbitrator can <span class="noglossary">order</span> that you be reinstated, along with back pay. <br />
*'''Human rights violations:''' If you believe that you've been fired because of your race, political belief, religion, marital or family status, physical or mental <span class="noglossary">disability</span>, sex, sexual orientation, age or a criminal conviction, you can file a human rights complaint, and the BC or federal human rights tribunal could <span class="noglossary">order</span> that you be reinstated, along with lost pay. See "[[I am being discriminated against or sexually harassed]]" in this Guide.<br />
*'''Health or safety complaints:''' If you believe that you've been fired because you complained about a health or safety matter (relating to yourself or anyone else), you can file a ''discrimination complaint'' with workers' compensation (WorkSafeBC). WorkSafeBC can <span class="noglossary">order</span> that you be reinstated and receive back pay unless the employer can prove that your health and safety actions had nothing to do with your dismissal. <br />
*'''Federally regulated employees:''' If you have been fired after being employed in a federally regulated industry for twelve (12) months or more, you can ask an adjudicator for an <span class="noglossary">order</span> for lost pay and, if you wish, that you be reinstated. <br />
<br />
If you don't fall within one of these groups, you won't be able to get your job back, but you are entitled to receive ''notice'' before your employment ends, or ''pay in lieu of notice''. The minimum notice requirements depend on whether your employer is federally or provincially regulated (for a <span class="noglossary">brief</span> explanation, see "[[My employer isn't paying my wages]]" in this Guide). <br />
<br />
If your employer is ''provincially regulated'', you are entitled to at least: <br />
*One (1) week's notice (or equivalent pay) after three (3) consecutive months of employment. <br />
*Two (2) weeks' notice (or equivalent pay) after twelve (12) consecutive months of employment. <br />
*Three (3) weeks' notice (or equivalent pay) after three (3) consecutive years of employment, plus an additional week's notice (or equivalent pay) for each additional consecutive year of employment to a maximum of eight (8) weeks' notice (or equivalent pay).<br />
<br />
If your employer is ''federally regulated'', you are entitled to at least two (2) weeks' notice or two (2) weeks of severance pay in lieu of notice once you have completed three (3) consecutive months of employment. <br />
<br />
In addition to your entitlement to minimum notice (or pay in lieu of notice), you may also be entitled to common law reasonable notice (or pay in lieu of notice). This additional entitlement may be significantly more than the minimum amounts. The additional common law reasonable notice may also require you to take steps to "mitigate" your loss of income and benefits. This means that, after your employment ends, you may have a legal obligation to take reasonable steps to find new employment. A failure to mitigate may affect your entitlement to the amount of common law reasonable notice.<br />
<br />
If you have not been explicitly dismissed (fired), but your employer has taken action to demonstrate that it no longer wishes to continue your employment, this may be a constructive dismissal. Since you have not been formally dismissed, the employer's action is referred to as a "constructive" dismissal. If you can prove that you have been constructively dismissed, you may be entitled to the minimum notice entitlement and common law reasonable notice. <br />
<br />
==First steps==<br />
If you did not receive the notice or equivalent pay that you are entitled to:<br />
#Follow the steps outlined in "[[My employer isn't paying my wages]]" to file an employment standards complaint. The steps <span class="noglossary">will</span> vary depending on whether your employer is federally or provincially regulated. If your employer is federally regulated, you must file your complaint within ''ninety (90) days'' of the dismissal. If your employer is provincially regulated, you must file your complaint within ''six (6) months'' of the dismissal. In either case, you need to <span class="noglossary">act</span> quickly.<br />
#If you have been dismissed without just cause, you may also sue your employer in court for ''wrongful dismissal''. See "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide. A judge may order your employer to pay you more money that the provincially or federally regulated minimums described above. If you intend to commence legal proceedings in court for wrongful dismissal, you must file your claim within ''two (2) years'' of the dismissal.<br />
<br />
If you have been dismissed for "just cause", you may still have a chance to make a claim. Speak to a lawyer or advocate immediately, as the timelines noted above will apply.<br />
<br />
<br />
{{Tipsbox<br />
| width = 70%<br />
| tips = If you belong to a union and have been dismissed from your job, you should immediately ask your shop steward or other union representative to file a grievance on your behalf. <br />
}}<br />
<br />
== What happens next ==<br />
<br />
If you have filed an employment standards complaint, see "[[My employer isn't paying my wages]]" in this Guide for what happens next. If your employer is federally regulated and you have worked twelve (12) or more months, you can apply for an order for all the pay you would have earned had you not been dismissed and, if you wish, that you be given your job back. Note that you may be awarded less than your full loss of earnings depending on the facts. <br />
<br />
If you have chosen to sue your former employer, see "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide for what happens next.<br />
<br />
== Employment Insurance benefits ==<br />
<br />
You may be entitled to employment insurance (EI) benefits if you lose your job through no fault of your own (for example, you were dismissed without cause) and you are available and able to work, but aren't able to find work. EI benefits provide regular financial benefits to assist you through the transition of job loss. You must apply for EI benefits as soon as you stop working. A delay in filing for EI benefits may affect your eligibility. <br />
<br />
You may be entitled to EI benefits if you:<br />
<br />
*were employed in insurable employment;<br />
*lost your job through no fault of your own;<br />
*have been without work and without pay for at least seven consecutive days in the last 52 weeks;<br />
*have worked for the required number of insurable employment hours in the last 52 weeks or since the start of your last EI claim, whichever is shorter;<br />
*are ready, willing and capable of working each day; and<br />
*are actively looking for work (you must keep a written record of employers you contact, including when you contacted them).<br />
<br />
You may not be entitled to benefits if you:<br />
<br />
*voluntarily left your job without just cause;<br />
*were dismissed for misconduct;<br />
*are unemployed because you are directly participating in a labour dispute (for example, a strike, lockout or other type of conflict); or<br />
*during a period of leave that compensates for a period in which you worked under an agreement with your employer, more hours than are normally worked in full-time employment.<br />
<br />
== Where to get help ==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are: <br />
*[[Employment Standards Branch of BC]] if your employer is provincially regulated, and [[Employment Standards (Canada)]] if your employer is federally regulated. <br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. <br />
*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1074 I’ve been dismissed (fired) without just cause]." <br />
*Government of Canada "[https://www.canada.ca/en/services/benefits/ei.html]."<br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.<br />
<br />
{{REVIEWED | reviewer = [[Trevor Thomas]], March 2017}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=I_Have_Been_Dismissed_(Fired)_without_Just_Cause&diff=34122I Have Been Dismissed (Fired) without Just Cause2017-03-07T19:46:18Z<p>Trevor Thomas: /* Employment Insurance benefits */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}The general rule is that you can be dismissed (fired or laid off) even if you’ve done nothing wrong, and the law can't require that you get your job back. There are exceptions, however: <br />
*'''Union members:''' If you belong to a union, your union representatives can file a grievance on your behalf. The arbitrator can <span class="noglossary">order</span> that you be reinstated, along with back pay. <br />
*'''Human rights violations:''' If you believe that you've been fired because of your race, political belief, religion, marital or family status, physical or mental <span class="noglossary">disability</span>, sex, sexual orientation, age or a criminal conviction, you can file a human rights complaint, and the BC or federal human rights tribunal could <span class="noglossary">order</span> that you be reinstated, along with lost pay. See "[[I am being discriminated against or sexually harassed]]" in this Guide.<br />
*'''Health or safety complaints:''' If you believe that you've been fired because you complained about a health or safety matter (relating to yourself or anyone else), you can file a ''discrimination complaint'' with workers' compensation (WorkSafeBC). WorkSafeBC can <span class="noglossary">order</span> that you be reinstated and receive back pay unless the employer can prove that your health and safety actions had nothing to do with your dismissal. <br />
*'''Federally regulated employees:''' If you have been fired after being employed in a federally regulated industry for twelve (12) months or more, you can ask an adjudicator for an <span class="noglossary">order</span> for lost pay and, if you wish, that you be reinstated. <br />
<br />
If you don't fall within one of these groups, you won't be able to get your job back, but you are entitled to receive ''notice'' before your employment ends, or ''pay in lieu of notice''. The minimum notice requirements depend on whether your employer is federally or provincially regulated (for a <span class="noglossary">brief</span> explanation, see "[[My employer isn't paying my wages]]" in this Guide). <br />
<br />
If your employer is ''provincially regulated'', you are entitled to at least: <br />
*One (1) week's notice (or equivalent pay) after three (3) consecutive months of employment. <br />
*Two (2) weeks' notice (or equivalent pay) after twelve (12) consecutive months of employment. <br />
*Three (3) weeks' notice (or equivalent pay) after three (3) consecutive years of employment, plus an additional week's notice (or equivalent pay) for each additional consecutive year of employment to a maximum of eight (8) weeks' notice (or equivalent pay).<br />
<br />
If your employer is ''federally regulated'', you are entitled to at least two (2) weeks' notice or two (2) weeks of severance pay in lieu of notice once you have completed three (3) consecutive months of employment. <br />
<br />
In addition to your entitlement to minimum notice (or pay in lieu of notice), you may also be entitled to common law reasonable notice (or pay in lieu of notice). This additional entitlement may be significantly more than the minimum amounts. The additional common law reasonable notice may also require you to take steps to "mitigate" your loss of income and benefits. This means that, after your employment ends, you may have a legal obligation to take reasonable steps to find new employment. A failure to mitigate may affect your entitlement to the amount of common law reasonable notice.<br />
<br />
If you have not been explicitly dismissed (fired), but your employer has taken action to demonstrate that it no longer wishes to continue your employment, this may be a constructive dismissal. Since you have not been formally dismissed, the employer's action is referred to as a "constructive" dismissal. If you can prove that you have been constructively dismissed, you may be entitled to the minimum notice entitlement and common law reasonable notice. <br />
<br />
==First steps==<br />
If you did not receive the notice or equivalent pay that you are entitled to:<br />
#Follow the steps outlined in "[[My employer isn't paying my wages]]" to file an employment standards complaint. The steps <span class="noglossary">will</span> vary depending on whether your employer is federally or provincially regulated. If your employer is federally regulated, you must file your complaint within ''ninety (90) days'' of the dismissal. If your employer is provincially regulated, you must file your complaint within ''six (6) months'' of the dismissal. In either case, you need to <span class="noglossary">act</span> quickly.<br />
#If you have been dismissed without just cause, you may also sue your employer in court for ''wrongful dismissal''. See "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide. A judge may order your employer to pay you more money that the provincially or federally regulated minimums described above. If you intend to commence legal proceedings in court for wrongful dismissal, you must file your claim within ''two (2) years'' of the dismissal.<br />
<br />
If you have been dismissed for "just cause", you may still have a chance to make a claim. Speak to a lawyer or advocate immediately, as the timelines noted above will apply.<br />
<br />
<br />
{{Tipsbox<br />
| width = 70%<br />
| tips = If you belong to a union and have been dismissed from your job, you should immediately ask your shop steward or other union representative to file a grievance on your behalf. <br />
}}<br />
<br />
== What happens next ==<br />
<br />
If you have filed an employment standards complaint, see "[[My employer isn't paying my wages]]" in this Guide for what happens next. If your employer is federally regulated and you have worked twelve (12) or more months, you can apply for an order for all the pay you would have earned had you not been dismissed and, if you wish, that you be given your job back. Note that you may be awarded less than your full loss of earnings depending on the facts. <br />
<br />
If you have chosen to sue your former employer, see "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide for what happens next.<br />
<br />
== Employment Insurance benefits ==<br />
<br />
You may be entitled to employment insurance (EI) benefits if you lose your job through no fault of your own (for example, you were dismissed without cause) and you are available and able to work, but aren't able to find work. EI benefits provide regular financial benefits to assist you through the transition of job loss. You must apply for EI benefits as soon as you stop working. A delay in filing for EI benefits may affect your eligibility. <br />
<br />
You may be entitled to EI benefits if you:<br />
<br />
*were employed in insurable employment;<br />
*lost your job through no fault of your own;<br />
*have been without work and without pay for at least seven consecutive days in the last 52 weeks;<br />
*have worked for the required number of insurable employment hours in the last 52 weeks or since the start of your last EI claim, whichever is shorter;<br />
*are ready, willing and capable of working each day; and<br />
*are actively looking for work (you must keep a written record of employers you contact, including when you contacted them).<br />
<br />
You may not be entitled to benefits if you:<br />
<br />
*voluntarily left your job without just cause;<br />
*were dismissed for misconduct;<br />
*are unemployed because you are directly participating in a labour dispute (for example, a strike, lockout or other type of conflict); or<br />
*during a period of leave that compensates for a period in which you worked under an agreement with your employer, more hours than are normally worked in full-time employment.<br />
<br />
== Where to get help ==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are: <br />
*[[Employment Standards Branch of BC]] if your employer is provincially regulated, and [[Employment Standards (Canada)]] if your employer is federally regulated. <br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. <br />
*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1074 I’ve been dismissed (fired) without just cause]." <br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.<br />
<br />
{{REVIEWED | reviewer = [[Trevor Thomas]], March 2017}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=I_Have_Been_Dismissed_(Fired)_without_Just_Cause&diff=34121I Have Been Dismissed (Fired) without Just Cause2017-03-07T19:43:27Z<p>Trevor Thomas: /* Employment Insurance benefits */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}The general rule is that you can be dismissed (fired or laid off) even if you’ve done nothing wrong, and the law can't require that you get your job back. There are exceptions, however: <br />
*'''Union members:''' If you belong to a union, your union representatives can file a grievance on your behalf. The arbitrator can <span class="noglossary">order</span> that you be reinstated, along with back pay. <br />
*'''Human rights violations:''' If you believe that you've been fired because of your race, political belief, religion, marital or family status, physical or mental <span class="noglossary">disability</span>, sex, sexual orientation, age or a criminal conviction, you can file a human rights complaint, and the BC or federal human rights tribunal could <span class="noglossary">order</span> that you be reinstated, along with lost pay. See "[[I am being discriminated against or sexually harassed]]" in this Guide.<br />
*'''Health or safety complaints:''' If you believe that you've been fired because you complained about a health or safety matter (relating to yourself or anyone else), you can file a ''discrimination complaint'' with workers' compensation (WorkSafeBC). WorkSafeBC can <span class="noglossary">order</span> that you be reinstated and receive back pay unless the employer can prove that your health and safety actions had nothing to do with your dismissal. <br />
*'''Federally regulated employees:''' If you have been fired after being employed in a federally regulated industry for twelve (12) months or more, you can ask an adjudicator for an <span class="noglossary">order</span> for lost pay and, if you wish, that you be reinstated. <br />
<br />
If you don't fall within one of these groups, you won't be able to get your job back, but you are entitled to receive ''notice'' before your employment ends, or ''pay in lieu of notice''. The minimum notice requirements depend on whether your employer is federally or provincially regulated (for a <span class="noglossary">brief</span> explanation, see "[[My employer isn't paying my wages]]" in this Guide). <br />
<br />
If your employer is ''provincially regulated'', you are entitled to at least: <br />
*One (1) week's notice (or equivalent pay) after three (3) consecutive months of employment. <br />
*Two (2) weeks' notice (or equivalent pay) after twelve (12) consecutive months of employment. <br />
*Three (3) weeks' notice (or equivalent pay) after three (3) consecutive years of employment, plus an additional week's notice (or equivalent pay) for each additional consecutive year of employment to a maximum of eight (8) weeks' notice (or equivalent pay).<br />
<br />
If your employer is ''federally regulated'', you are entitled to at least two (2) weeks' notice or two (2) weeks of severance pay in lieu of notice once you have completed three (3) consecutive months of employment. <br />
<br />
In addition to your entitlement to minimum notice (or pay in lieu of notice), you may also be entitled to common law reasonable notice (or pay in lieu of notice). This additional entitlement may be significantly more than the minimum amounts. The additional common law reasonable notice may also require you to take steps to "mitigate" your loss of income and benefits. This means that, after your employment ends, you may have a legal obligation to take reasonable steps to find new employment. A failure to mitigate may affect your entitlement to the amount of common law reasonable notice.<br />
<br />
If you have not been explicitly dismissed (fired), but your employer has taken action to demonstrate that it no longer wishes to continue your employment, this may be a constructive dismissal. Since you have not been formally dismissed, the employer's action is referred to as a "constructive" dismissal. If you can prove that you have been constructively dismissed, you may be entitled to the minimum notice entitlement and common law reasonable notice. <br />
<br />
==First steps==<br />
If you did not receive the notice or equivalent pay that you are entitled to:<br />
#Follow the steps outlined in "[[My employer isn't paying my wages]]" to file an employment standards complaint. The steps <span class="noglossary">will</span> vary depending on whether your employer is federally or provincially regulated. If your employer is federally regulated, you must file your complaint within ''ninety (90) days'' of the dismissal. If your employer is provincially regulated, you must file your complaint within ''six (6) months'' of the dismissal. In either case, you need to <span class="noglossary">act</span> quickly.<br />
#If you have been dismissed without just cause, you may also sue your employer in court for ''wrongful dismissal''. See "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide. A judge may order your employer to pay you more money that the provincially or federally regulated minimums described above. If you intend to commence legal proceedings in court for wrongful dismissal, you must file your claim within ''two (2) years'' of the dismissal.<br />
<br />
If you have been dismissed for "just cause", you may still have a chance to make a claim. Speak to a lawyer or advocate immediately, as the timelines noted above will apply.<br />
<br />
<br />
{{Tipsbox<br />
| width = 70%<br />
| tips = If you belong to a union and have been dismissed from your job, you should immediately ask your shop steward or other union representative to file a grievance on your behalf. <br />
}}<br />
<br />
== What happens next ==<br />
<br />
If you have filed an employment standards complaint, see "[[My employer isn't paying my wages]]" in this Guide for what happens next. If your employer is federally regulated and you have worked twelve (12) or more months, you can apply for an order for all the pay you would have earned had you not been dismissed and, if you wish, that you be given your job back. Note that you may be awarded less than your full loss of earnings depending on the facts. <br />
<br />
If you have chosen to sue your former employer, see "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide for what happens next.<br />
<br />
== Employment Insurance benefits ==<br />
<br />
You may be entitled to employment insurance (EI) benefits if you lose your job through no fault of your own (for example, you were dismissed without cause) and you are available and able to work, but aren't able to find work. EI benefits provide regular financial benefits to assist you through the transition of job loss. You must apply for EI benefits as soon as you stop working. A delay in filing for EI benefits may affect your eligibility. <br />
<br />
You may be entitled to EI benefits if you:<br />
<br />
*were employed in insurable employment;<br />
lost your job through no fault of your own;<br />
have been without work and without pay for at least seven consecutive days in the last 52 weeks;<br />
have worked for the required number of insurable employment hours in the last 52 weeks or since the start of your last EI claim, whichever is shorter;<br />
are ready, willing and capable of working each day;<br />
are actively looking for work (you must keep a written record of employers you contact, including when you contacted them).<br />
You may still qualify for benefits, even if you work for an employer who is related to you.<br />
<br />
You may not be entitled for benefits:<br />
<br />
if you voluntarily left your job without just cause<br />
if you were dismissed for misconduct<br />
if you are unemployed because you are directly participating in a labour dispute (for example, a strike, lockout or other type of conflict)<br />
during a period of leave that compensates for a period in which you worked under an agreement with your employer, more hours than are normally worked in full-time employment.<br />
<br />
== Where to get help ==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are: <br />
*[[Employment Standards Branch of BC]] if your employer is provincially regulated, and [[Employment Standards (Canada)]] if your employer is federally regulated. <br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. <br />
*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1074 I’ve been dismissed (fired) without just cause]." <br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.<br />
<br />
{{REVIEWED | reviewer = [[Trevor Thomas]], March 2017}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=I_Have_Been_Dismissed_(Fired)_without_Just_Cause&diff=34120I Have Been Dismissed (Fired) without Just Cause2017-03-07T19:39:17Z<p>Trevor Thomas: /* What happens next */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}The general rule is that you can be dismissed (fired or laid off) even if you’ve done nothing wrong, and the law can't require that you get your job back. There are exceptions, however: <br />
*'''Union members:''' If you belong to a union, your union representatives can file a grievance on your behalf. The arbitrator can <span class="noglossary">order</span> that you be reinstated, along with back pay. <br />
*'''Human rights violations:''' If you believe that you've been fired because of your race, political belief, religion, marital or family status, physical or mental <span class="noglossary">disability</span>, sex, sexual orientation, age or a criminal conviction, you can file a human rights complaint, and the BC or federal human rights tribunal could <span class="noglossary">order</span> that you be reinstated, along with lost pay. See "[[I am being discriminated against or sexually harassed]]" in this Guide.<br />
*'''Health or safety complaints:''' If you believe that you've been fired because you complained about a health or safety matter (relating to yourself or anyone else), you can file a ''discrimination complaint'' with workers' compensation (WorkSafeBC). WorkSafeBC can <span class="noglossary">order</span> that you be reinstated and receive back pay unless the employer can prove that your health and safety actions had nothing to do with your dismissal. <br />
*'''Federally regulated employees:''' If you have been fired after being employed in a federally regulated industry for twelve (12) months or more, you can ask an adjudicator for an <span class="noglossary">order</span> for lost pay and, if you wish, that you be reinstated. <br />
<br />
If you don't fall within one of these groups, you won't be able to get your job back, but you are entitled to receive ''notice'' before your employment ends, or ''pay in lieu of notice''. The minimum notice requirements depend on whether your employer is federally or provincially regulated (for a <span class="noglossary">brief</span> explanation, see "[[My employer isn't paying my wages]]" in this Guide). <br />
<br />
If your employer is ''provincially regulated'', you are entitled to at least: <br />
*One (1) week's notice (or equivalent pay) after three (3) consecutive months of employment. <br />
*Two (2) weeks' notice (or equivalent pay) after twelve (12) consecutive months of employment. <br />
*Three (3) weeks' notice (or equivalent pay) after three (3) consecutive years of employment, plus an additional week's notice (or equivalent pay) for each additional consecutive year of employment to a maximum of eight (8) weeks' notice (or equivalent pay).<br />
<br />
If your employer is ''federally regulated'', you are entitled to at least two (2) weeks' notice or two (2) weeks of severance pay in lieu of notice once you have completed three (3) consecutive months of employment. <br />
<br />
In addition to your entitlement to minimum notice (or pay in lieu of notice), you may also be entitled to common law reasonable notice (or pay in lieu of notice). This additional entitlement may be significantly more than the minimum amounts. The additional common law reasonable notice may also require you to take steps to "mitigate" your loss of income and benefits. This means that, after your employment ends, you may have a legal obligation to take reasonable steps to find new employment. A failure to mitigate may affect your entitlement to the amount of common law reasonable notice.<br />
<br />
If you have not been explicitly dismissed (fired), but your employer has taken action to demonstrate that it no longer wishes to continue your employment, this may be a constructive dismissal. Since you have not been formally dismissed, the employer's action is referred to as a "constructive" dismissal. If you can prove that you have been constructively dismissed, you may be entitled to the minimum notice entitlement and common law reasonable notice. <br />
<br />
==First steps==<br />
If you did not receive the notice or equivalent pay that you are entitled to:<br />
#Follow the steps outlined in "[[My employer isn't paying my wages]]" to file an employment standards complaint. The steps <span class="noglossary">will</span> vary depending on whether your employer is federally or provincially regulated. If your employer is federally regulated, you must file your complaint within ''ninety (90) days'' of the dismissal. If your employer is provincially regulated, you must file your complaint within ''six (6) months'' of the dismissal. In either case, you need to <span class="noglossary">act</span> quickly.<br />
#If you have been dismissed without just cause, you may also sue your employer in court for ''wrongful dismissal''. See "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide. A judge may order your employer to pay you more money that the provincially or federally regulated minimums described above. If you intend to commence legal proceedings in court for wrongful dismissal, you must file your claim within ''two (2) years'' of the dismissal.<br />
<br />
If you have been dismissed for "just cause", you may still have a chance to make a claim. Speak to a lawyer or advocate immediately, as the timelines noted above will apply.<br />
<br />
<br />
{{Tipsbox<br />
| width = 70%<br />
| tips = If you belong to a union and have been dismissed from your job, you should immediately ask your shop steward or other union representative to file a grievance on your behalf. <br />
}}<br />
<br />
== What happens next ==<br />
<br />
If you have filed an employment standards complaint, see "[[My employer isn't paying my wages]]" in this Guide for what happens next. If your employer is federally regulated and you have worked twelve (12) or more months, you can apply for an order for all the pay you would have earned had you not been dismissed and, if you wish, that you be given your job back. Note that you may be awarded less than your full loss of earnings depending on the facts. <br />
<br />
If you have chosen to sue your former employer, see "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide for what happens next.<br />
<br />
== Employment Insurance benefits ==<br />
<br />
== Where to get help ==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are: <br />
*[[Employment Standards Branch of BC]] if your employer is provincially regulated, and [[Employment Standards (Canada)]] if your employer is federally regulated. <br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. <br />
*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1074 I’ve been dismissed (fired) without just cause]." <br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.<br />
<br />
{{REVIEWED | reviewer = [[Trevor Thomas]], March 2017}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=I_Have_Been_Dismissed_(Fired)_without_Just_Cause&diff=34119I Have Been Dismissed (Fired) without Just Cause2017-03-07T19:35:27Z<p>Trevor Thomas: /* First steps */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}The general rule is that you can be dismissed (fired or laid off) even if you’ve done nothing wrong, and the law can't require that you get your job back. There are exceptions, however: <br />
*'''Union members:''' If you belong to a union, your union representatives can file a grievance on your behalf. The arbitrator can <span class="noglossary">order</span> that you be reinstated, along with back pay. <br />
*'''Human rights violations:''' If you believe that you've been fired because of your race, political belief, religion, marital or family status, physical or mental <span class="noglossary">disability</span>, sex, sexual orientation, age or a criminal conviction, you can file a human rights complaint, and the BC or federal human rights tribunal could <span class="noglossary">order</span> that you be reinstated, along with lost pay. See "[[I am being discriminated against or sexually harassed]]" in this Guide.<br />
*'''Health or safety complaints:''' If you believe that you've been fired because you complained about a health or safety matter (relating to yourself or anyone else), you can file a ''discrimination complaint'' with workers' compensation (WorkSafeBC). WorkSafeBC can <span class="noglossary">order</span> that you be reinstated and receive back pay unless the employer can prove that your health and safety actions had nothing to do with your dismissal. <br />
*'''Federally regulated employees:''' If you have been fired after being employed in a federally regulated industry for twelve (12) months or more, you can ask an adjudicator for an <span class="noglossary">order</span> for lost pay and, if you wish, that you be reinstated. <br />
<br />
If you don't fall within one of these groups, you won't be able to get your job back, but you are entitled to receive ''notice'' before your employment ends, or ''pay in lieu of notice''. The minimum notice requirements depend on whether your employer is federally or provincially regulated (for a <span class="noglossary">brief</span> explanation, see "[[My employer isn't paying my wages]]" in this Guide). <br />
<br />
If your employer is ''provincially regulated'', you are entitled to at least: <br />
*One (1) week's notice (or equivalent pay) after three (3) consecutive months of employment. <br />
*Two (2) weeks' notice (or equivalent pay) after twelve (12) consecutive months of employment. <br />
*Three (3) weeks' notice (or equivalent pay) after three (3) consecutive years of employment, plus an additional week's notice (or equivalent pay) for each additional consecutive year of employment to a maximum of eight (8) weeks' notice (or equivalent pay).<br />
<br />
If your employer is ''federally regulated'', you are entitled to at least two (2) weeks' notice or two (2) weeks of severance pay in lieu of notice once you have completed three (3) consecutive months of employment. <br />
<br />
In addition to your entitlement to minimum notice (or pay in lieu of notice), you may also be entitled to common law reasonable notice (or pay in lieu of notice). This additional entitlement may be significantly more than the minimum amounts. The additional common law reasonable notice may also require you to take steps to "mitigate" your loss of income and benefits. This means that, after your employment ends, you may have a legal obligation to take reasonable steps to find new employment. A failure to mitigate may affect your entitlement to the amount of common law reasonable notice.<br />
<br />
If you have not been explicitly dismissed (fired), but your employer has taken action to demonstrate that it no longer wishes to continue your employment, this may be a constructive dismissal. Since you have not been formally dismissed, the employer's action is referred to as a "constructive" dismissal. If you can prove that you have been constructively dismissed, you may be entitled to the minimum notice entitlement and common law reasonable notice. <br />
<br />
==First steps==<br />
If you did not receive the notice or equivalent pay that you are entitled to:<br />
#Follow the steps outlined in "[[My employer isn't paying my wages]]" to file an employment standards complaint. The steps <span class="noglossary">will</span> vary depending on whether your employer is federally or provincially regulated. If your employer is federally regulated, you must file your complaint within ''ninety (90) days'' of the dismissal. If your employer is provincially regulated, you must file your complaint within ''six (6) months'' of the dismissal. In either case, you need to <span class="noglossary">act</span> quickly.<br />
#If you have been dismissed without just cause, you may also sue your employer in court for ''wrongful dismissal''. See "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide. A judge may order your employer to pay you more money that the provincially or federally regulated minimums described above. If you intend to commence legal proceedings in court for wrongful dismissal, you must file your claim within ''two (2) years'' of the dismissal.<br />
<br />
If you have been dismissed for "just cause", you may still have a chance to make a claim. Speak to a lawyer or advocate immediately, as the timelines noted above will apply.<br />
<br />
<br />
{{Tipsbox<br />
| width = 70%<br />
| tips = If you belong to a union and have been dismissed from your job, you should immediately ask your shop steward or other union representative to file a grievance on your behalf. <br />
}}<br />
<br />
== What happens next ==<br />
<br />
If you have filed an employment standards complaint, see "[[My employer isn't paying my wages]]" in this Guide for what happens next. If your employer is federally regulated and you have worked twelve (12) or more months, you can apply for an order for all the pay you would have earned had you not been dismissed and, if you wish, that you be given your job back. Note that you may be awarded less than your full loss of earnings depending on the facts. <br />
<br />
If you have chosen to sue your former employer, see "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide for what happens next.<br />
<br />
== Where to get help ==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are: <br />
*[[Employment Standards Branch of BC]] if your employer is provincially regulated, and [[Employment Standards (Canada)]] if your employer is federally regulated. <br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. <br />
*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1074 I’ve been dismissed (fired) without just cause]." <br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.<br />
<br />
{{REVIEWED | reviewer = [[Trevor Thomas]], March 2017}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=I_Have_Been_Dismissed_(Fired)_without_Just_Cause&diff=34118I Have Been Dismissed (Fired) without Just Cause2017-03-07T19:35:08Z<p>Trevor Thomas: /* What happens next */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}The general rule is that you can be dismissed (fired or laid off) even if you’ve done nothing wrong, and the law can't require that you get your job back. There are exceptions, however: <br />
*'''Union members:''' If you belong to a union, your union representatives can file a grievance on your behalf. The arbitrator can <span class="noglossary">order</span> that you be reinstated, along with back pay. <br />
*'''Human rights violations:''' If you believe that you've been fired because of your race, political belief, religion, marital or family status, physical or mental <span class="noglossary">disability</span>, sex, sexual orientation, age or a criminal conviction, you can file a human rights complaint, and the BC or federal human rights tribunal could <span class="noglossary">order</span> that you be reinstated, along with lost pay. See "[[I am being discriminated against or sexually harassed]]" in this Guide.<br />
*'''Health or safety complaints:''' If you believe that you've been fired because you complained about a health or safety matter (relating to yourself or anyone else), you can file a ''discrimination complaint'' with workers' compensation (WorkSafeBC). WorkSafeBC can <span class="noglossary">order</span> that you be reinstated and receive back pay unless the employer can prove that your health and safety actions had nothing to do with your dismissal. <br />
*'''Federally regulated employees:''' If you have been fired after being employed in a federally regulated industry for twelve (12) months or more, you can ask an adjudicator for an <span class="noglossary">order</span> for lost pay and, if you wish, that you be reinstated. <br />
<br />
If you don't fall within one of these groups, you won't be able to get your job back, but you are entitled to receive ''notice'' before your employment ends, or ''pay in lieu of notice''. The minimum notice requirements depend on whether your employer is federally or provincially regulated (for a <span class="noglossary">brief</span> explanation, see "[[My employer isn't paying my wages]]" in this Guide). <br />
<br />
If your employer is ''provincially regulated'', you are entitled to at least: <br />
*One (1) week's notice (or equivalent pay) after three (3) consecutive months of employment. <br />
*Two (2) weeks' notice (or equivalent pay) after twelve (12) consecutive months of employment. <br />
*Three (3) weeks' notice (or equivalent pay) after three (3) consecutive years of employment, plus an additional week's notice (or equivalent pay) for each additional consecutive year of employment to a maximum of eight (8) weeks' notice (or equivalent pay).<br />
<br />
If your employer is ''federally regulated'', you are entitled to at least two (2) weeks' notice or two (2) weeks of severance pay in lieu of notice once you have completed three (3) consecutive months of employment. <br />
<br />
In addition to your entitlement to minimum notice (or pay in lieu of notice), you may also be entitled to common law reasonable notice (or pay in lieu of notice). This additional entitlement may be significantly more than the minimum amounts. The additional common law reasonable notice may also require you to take steps to "mitigate" your loss of income and benefits. This means that, after your employment ends, you may have a legal obligation to take reasonable steps to find new employment. A failure to mitigate may affect your entitlement to the amount of common law reasonable notice.<br />
<br />
If you have not been explicitly dismissed (fired), but your employer has taken action to demonstrate that it no longer wishes to continue your employment, this may be a constructive dismissal. Since you have not been formally dismissed, the employer's action is referred to as a "constructive" dismissal. If you can prove that you have been constructively dismissed, you may be entitled to the minimum notice entitlement and common law reasonable notice. <br />
<br />
==First steps==<br />
If you did not receive the notice or equivalent pay that you are entitled to:<br />
#Follow the steps outlined in "[[My employer isn't paying my wages]]" to file an employment standards complaint. The steps <span class="noglossary">will</span> vary depending on whether your employer is federally or provincially regulated. If your employer is federally regulated, you must file your complaint within ''ninety (90) days'' of the dismissal. If your employer is provincially regulated, you must file your complaint within ''six (6) months'' of the dismissal. In either case, you need to <span class="noglossary">act</span> quickly.<br />
#If you have been dismissed without just cause, you may also sue your employer in court for ''wrongful dismissal''. See "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide. A judge may order your employer to pay you more money that the provincially or federally regulated minimums described above. If you intend to commence legal proceedings in court for wrongful dismissal, you must file your claim within ''two (2) years'' of the dismissal.<br />
<br />
If you have been dismissed for "just cause", you may still have a chance to make a claim. Speak to a lawyer or advocate immediately, as the timelines noted above will apply.<br />
<br />
{{Tipsbox<br />
| width = 70%<br />
| tips = If you belong to a union and have been dismissed from your job, you should immediately ask your shop steward or other union representative to file a grievance on your behalf. <br />
}}<br />
<br />
== What happens next ==<br />
<br />
If you have filed an employment standards complaint, see "[[My employer isn't paying my wages]]" in this Guide for what happens next. If your employer is federally regulated and you have worked twelve (12) or more months, you can apply for an order for all the pay you would have earned had you not been dismissed and, if you wish, that you be given your job back. Note that you may be awarded less than your full loss of earnings depending on the facts. <br />
<br />
If you have chosen to sue your former employer, see "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide for what happens next.<br />
<br />
== Where to get help ==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are: <br />
*[[Employment Standards Branch of BC]] if your employer is provincially regulated, and [[Employment Standards (Canada)]] if your employer is federally regulated. <br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. <br />
*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1074 I’ve been dismissed (fired) without just cause]." <br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.<br />
<br />
{{REVIEWED | reviewer = [[Trevor Thomas]], March 2017}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=I_Have_Been_Dismissed_(Fired)_without_Just_Cause&diff=34117I Have Been Dismissed (Fired) without Just Cause2017-03-07T19:33:46Z<p>Trevor Thomas: /* First steps */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}The general rule is that you can be dismissed (fired or laid off) even if you’ve done nothing wrong, and the law can't require that you get your job back. There are exceptions, however: <br />
*'''Union members:''' If you belong to a union, your union representatives can file a grievance on your behalf. The arbitrator can <span class="noglossary">order</span> that you be reinstated, along with back pay. <br />
*'''Human rights violations:''' If you believe that you've been fired because of your race, political belief, religion, marital or family status, physical or mental <span class="noglossary">disability</span>, sex, sexual orientation, age or a criminal conviction, you can file a human rights complaint, and the BC or federal human rights tribunal could <span class="noglossary">order</span> that you be reinstated, along with lost pay. See "[[I am being discriminated against or sexually harassed]]" in this Guide.<br />
*'''Health or safety complaints:''' If you believe that you've been fired because you complained about a health or safety matter (relating to yourself or anyone else), you can file a ''discrimination complaint'' with workers' compensation (WorkSafeBC). WorkSafeBC can <span class="noglossary">order</span> that you be reinstated and receive back pay unless the employer can prove that your health and safety actions had nothing to do with your dismissal. <br />
*'''Federally regulated employees:''' If you have been fired after being employed in a federally regulated industry for twelve (12) months or more, you can ask an adjudicator for an <span class="noglossary">order</span> for lost pay and, if you wish, that you be reinstated. <br />
<br />
If you don't fall within one of these groups, you won't be able to get your job back, but you are entitled to receive ''notice'' before your employment ends, or ''pay in lieu of notice''. The minimum notice requirements depend on whether your employer is federally or provincially regulated (for a <span class="noglossary">brief</span> explanation, see "[[My employer isn't paying my wages]]" in this Guide). <br />
<br />
If your employer is ''provincially regulated'', you are entitled to at least: <br />
*One (1) week's notice (or equivalent pay) after three (3) consecutive months of employment. <br />
*Two (2) weeks' notice (or equivalent pay) after twelve (12) consecutive months of employment. <br />
*Three (3) weeks' notice (or equivalent pay) after three (3) consecutive years of employment, plus an additional week's notice (or equivalent pay) for each additional consecutive year of employment to a maximum of eight (8) weeks' notice (or equivalent pay).<br />
<br />
If your employer is ''federally regulated'', you are entitled to at least two (2) weeks' notice or two (2) weeks of severance pay in lieu of notice once you have completed three (3) consecutive months of employment. <br />
<br />
In addition to your entitlement to minimum notice (or pay in lieu of notice), you may also be entitled to common law reasonable notice (or pay in lieu of notice). This additional entitlement may be significantly more than the minimum amounts. The additional common law reasonable notice may also require you to take steps to "mitigate" your loss of income and benefits. This means that, after your employment ends, you may have a legal obligation to take reasonable steps to find new employment. A failure to mitigate may affect your entitlement to the amount of common law reasonable notice.<br />
<br />
If you have not been explicitly dismissed (fired), but your employer has taken action to demonstrate that it no longer wishes to continue your employment, this may be a constructive dismissal. Since you have not been formally dismissed, the employer's action is referred to as a "constructive" dismissal. If you can prove that you have been constructively dismissed, you may be entitled to the minimum notice entitlement and common law reasonable notice. <br />
<br />
==First steps==<br />
If you did not receive the notice or equivalent pay that you are entitled to:<br />
#Follow the steps outlined in "[[My employer isn't paying my wages]]" to file an employment standards complaint. The steps <span class="noglossary">will</span> vary depending on whether your employer is federally or provincially regulated. If your employer is federally regulated, you must file your complaint within ''ninety (90) days'' of the dismissal. If your employer is provincially regulated, you must file your complaint within ''six (6) months'' of the dismissal. In either case, you need to <span class="noglossary">act</span> quickly.<br />
#If you have been dismissed without just cause, you may also sue your employer in court for ''wrongful dismissal''. See "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide. A judge may order your employer to pay you more money that the provincially or federally regulated minimums described above. If you intend to commence legal proceedings in court for wrongful dismissal, you must file your claim within ''two (2) years'' of the dismissal.<br />
<br />
If you have been dismissed for "just cause", you may still have a chance to make a claim. Speak to a lawyer or advocate immediately, as the timelines noted above will apply.<br />
<br />
{{Tipsbox<br />
| width = 70%<br />
| tips = If you belong to a union and have been dismissed from your job, you should immediately ask your shop steward or other union representative to file a grievance on your behalf. <br />
}}<br />
<br />
== What happens next ==<br />
<br />
If you have filed an employment standards complaint, see "[[My employer isn't paying my wages]]" in this Guide for what happens next. If your employer is federally regulated and you have worked twelve (12) or more months, you can apply for an order that you be given your job back, along with all the pay you would have earned had you not been dismissed. You may be awarded less than your full loss of earnings depending on the facts. <br />
<br />
If you have chosen to sue your former employer, see "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide for what happens next.<br />
<br />
== Where to get help ==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are: <br />
*[[Employment Standards Branch of BC]] if your employer is provincially regulated, and [[Employment Standards (Canada)]] if your employer is federally regulated. <br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. <br />
*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1074 I’ve been dismissed (fired) without just cause]." <br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.<br />
<br />
{{REVIEWED | reviewer = [[Trevor Thomas]], March 2017}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=I_Have_Been_Dismissed_(Fired)_without_Just_Cause&diff=34116I Have Been Dismissed (Fired) without Just Cause2017-03-07T19:31:10Z<p>Trevor Thomas: /* First steps */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}The general rule is that you can be dismissed (fired or laid off) even if you’ve done nothing wrong, and the law can't require that you get your job back. There are exceptions, however: <br />
*'''Union members:''' If you belong to a union, your union representatives can file a grievance on your behalf. The arbitrator can <span class="noglossary">order</span> that you be reinstated, along with back pay. <br />
*'''Human rights violations:''' If you believe that you've been fired because of your race, political belief, religion, marital or family status, physical or mental <span class="noglossary">disability</span>, sex, sexual orientation, age or a criminal conviction, you can file a human rights complaint, and the BC or federal human rights tribunal could <span class="noglossary">order</span> that you be reinstated, along with lost pay. See "[[I am being discriminated against or sexually harassed]]" in this Guide.<br />
*'''Health or safety complaints:''' If you believe that you've been fired because you complained about a health or safety matter (relating to yourself or anyone else), you can file a ''discrimination complaint'' with workers' compensation (WorkSafeBC). WorkSafeBC can <span class="noglossary">order</span> that you be reinstated and receive back pay unless the employer can prove that your health and safety actions had nothing to do with your dismissal. <br />
*'''Federally regulated employees:''' If you have been fired after being employed in a federally regulated industry for twelve (12) months or more, you can ask an adjudicator for an <span class="noglossary">order</span> for lost pay and, if you wish, that you be reinstated. <br />
<br />
If you don't fall within one of these groups, you won't be able to get your job back, but you are entitled to receive ''notice'' before your employment ends, or ''pay in lieu of notice''. The minimum notice requirements depend on whether your employer is federally or provincially regulated (for a <span class="noglossary">brief</span> explanation, see "[[My employer isn't paying my wages]]" in this Guide). <br />
<br />
If your employer is ''provincially regulated'', you are entitled to at least: <br />
*One (1) week's notice (or equivalent pay) after three (3) consecutive months of employment. <br />
*Two (2) weeks' notice (or equivalent pay) after twelve (12) consecutive months of employment. <br />
*Three (3) weeks' notice (or equivalent pay) after three (3) consecutive years of employment, plus an additional week's notice (or equivalent pay) for each additional consecutive year of employment to a maximum of eight (8) weeks' notice (or equivalent pay).<br />
<br />
If your employer is ''federally regulated'', you are entitled to at least two (2) weeks' notice or two (2) weeks of severance pay in lieu of notice once you have completed three (3) consecutive months of employment. <br />
<br />
In addition to your entitlement to minimum notice (or pay in lieu of notice), you may also be entitled to common law reasonable notice (or pay in lieu of notice). This additional entitlement may be significantly more than the minimum amounts. The additional common law reasonable notice may also require you to take steps to "mitigate" your loss of income and benefits. This means that, after your employment ends, you may have a legal obligation to take reasonable steps to find new employment. A failure to mitigate may affect your entitlement to the amount of common law reasonable notice.<br />
<br />
If you have not been explicitly dismissed (fired), but your employer has taken action to demonstrate that it no longer wishes to continue your employment, this may be a constructive dismissal. Since you have not been formally dismissed, the employer's action is referred to as a "constructive" dismissal. If you can prove that you have been constructively dismissed, you may be entitled to the minimum notice entitlement and common law reasonable notice. <br />
<br />
==First steps==<br />
If you did not receive the notice or equivalent pay that you are entitled to:<br />
#Follow the steps outlined in "[[My employer isn't paying my wages]]" to file an employment standards complaint. The steps <span class="noglossary">will</span> vary depending on whether your employer is federally or provincially regulated. If your employer is federally regulated, you must file your complaint within ''ninety (90) days'' of the dismissal. If your employer is provincially regulated, you must file your complaint within ''six (6) months'' of the dismissal. In either case, you need to <span class="noglossary">act</span> quickly.<br />
#If you have been dismissed without just cause, you may also sue your employer in court for ''wrongful dismissal''. See "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide. A judge may order your employer to pay you more money that the provincially or federally regulated minimums described above. If you intend to commence legal proceedings in court for wrongful dismissal, you must file your claim within ''two (2) years'' of the dismissal<br />
<br />
{{Tipsbox<br />
| width = 70%<br />
| tips = If you belong to a union and have been dismissed from your job, you should immediately ask your shop steward or other union representative to file a grievance on your behalf. <br />
}}<br />
<br />
== What happens next ==<br />
<br />
If you have filed an employment standards complaint, see "[[My employer isn't paying my wages]]" in this Guide for what happens next. If your employer is federally regulated and you have worked twelve (12) or more months, you can apply for an order that you be given your job back, along with all the pay you would have earned had you not been dismissed. You may be awarded less than your full loss of earnings depending on the facts. <br />
<br />
If you have chosen to sue your former employer, see "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide for what happens next.<br />
<br />
== Where to get help ==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are: <br />
*[[Employment Standards Branch of BC]] if your employer is provincially regulated, and [[Employment Standards (Canada)]] if your employer is federally regulated. <br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. <br />
*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1074 I’ve been dismissed (fired) without just cause]." <br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.<br />
<br />
{{REVIEWED | reviewer = [[Trevor Thomas]], March 2017}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=I_Have_Been_Dismissed_(Fired)_without_Just_Cause&diff=34115I Have Been Dismissed (Fired) without Just Cause2017-03-07T19:27:02Z<p>Trevor Thomas: </p>
<hr />
<div>{{Template:Legal Help Guide TOC}}The general rule is that you can be dismissed (fired or laid off) even if you’ve done nothing wrong, and the law can't require that you get your job back. There are exceptions, however: <br />
*'''Union members:''' If you belong to a union, your union representatives can file a grievance on your behalf. The arbitrator can <span class="noglossary">order</span> that you be reinstated, along with back pay. <br />
*'''Human rights violations:''' If you believe that you've been fired because of your race, political belief, religion, marital or family status, physical or mental <span class="noglossary">disability</span>, sex, sexual orientation, age or a criminal conviction, you can file a human rights complaint, and the BC or federal human rights tribunal could <span class="noglossary">order</span> that you be reinstated, along with lost pay. See "[[I am being discriminated against or sexually harassed]]" in this Guide.<br />
*'''Health or safety complaints:''' If you believe that you've been fired because you complained about a health or safety matter (relating to yourself or anyone else), you can file a ''discrimination complaint'' with workers' compensation (WorkSafeBC). WorkSafeBC can <span class="noglossary">order</span> that you be reinstated and receive back pay unless the employer can prove that your health and safety actions had nothing to do with your dismissal. <br />
*'''Federally regulated employees:''' If you have been fired after being employed in a federally regulated industry for twelve (12) months or more, you can ask an adjudicator for an <span class="noglossary">order</span> for lost pay and, if you wish, that you be reinstated. <br />
<br />
If you don't fall within one of these groups, you won't be able to get your job back, but you are entitled to receive ''notice'' before your employment ends, or ''pay in lieu of notice''. The minimum notice requirements depend on whether your employer is federally or provincially regulated (for a <span class="noglossary">brief</span> explanation, see "[[My employer isn't paying my wages]]" in this Guide). <br />
<br />
If your employer is ''provincially regulated'', you are entitled to at least: <br />
*One (1) week's notice (or equivalent pay) after three (3) consecutive months of employment. <br />
*Two (2) weeks' notice (or equivalent pay) after twelve (12) consecutive months of employment. <br />
*Three (3) weeks' notice (or equivalent pay) after three (3) consecutive years of employment, plus an additional week's notice (or equivalent pay) for each additional consecutive year of employment to a maximum of eight (8) weeks' notice (or equivalent pay).<br />
<br />
If your employer is ''federally regulated'', you are entitled to at least two (2) weeks' notice or two (2) weeks of severance pay in lieu of notice once you have completed three (3) consecutive months of employment. <br />
<br />
In addition to your entitlement to minimum notice (or pay in lieu of notice), you may also be entitled to common law reasonable notice (or pay in lieu of notice). This additional entitlement may be significantly more than the minimum amounts. The additional common law reasonable notice may also require you to take steps to "mitigate" your loss of income and benefits. This means that, after your employment ends, you may have a legal obligation to take reasonable steps to find new employment. A failure to mitigate may affect your entitlement to the amount of common law reasonable notice.<br />
<br />
If you have not been explicitly dismissed (fired), but your employer has taken action to demonstrate that it no longer wishes to continue your employment, this may be a constructive dismissal. Since you have not been formally dismissed, the employer's action is referred to as a "constructive" dismissal. If you can prove that you have been constructively dismissed, you may be entitled to the minimum notice entitlement and common law reasonable notice. <br />
<br />
==First steps==<br />
If you did not receive the notice or equivalent pay that you are entitled to:<br />
#Follow the steps outlined in "[[My employer isn't paying my wages]]" to file an employment standards complaint. The steps <span class="noglossary">will</span> vary depending on whether your employer is federally or provincially regulated. If your employer is federally regulated, you must file your complaint within ''ninety (90) days'' of the dismissal, so <span class="noglossary">act</span> quickly.<br />
#If you have been dismissed without just cause, you may also sue your employer in court for ''wrongful dismissal''. See "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide. A judge may order your employer to pay you more money that the provincially or federally regulated minimums described above.<br />
<br />
{{Tipsbox<br />
| width = 70%<br />
| tips = If you belong to a union and have been dismissed from your job, you should immediately ask your shop steward or other union representative to file a grievance on your behalf. <br />
}}<br />
<br />
== What happens next ==<br />
<br />
If you have filed an employment standards complaint, see "[[My employer isn't paying my wages]]" in this Guide for what happens next. If your employer is federally regulated and you have worked twelve (12) or more months, you can apply for an order that you be given your job back, along with all the pay you would have earned had you not been dismissed. You may be awarded less than your full loss of earnings depending on the facts. <br />
<br />
If you have chosen to sue your former employer, see "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide for what happens next.<br />
<br />
== Where to get help ==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are: <br />
*[[Employment Standards Branch of BC]] if your employer is provincially regulated, and [[Employment Standards (Canada)]] if your employer is federally regulated. <br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. <br />
*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1074 I’ve been dismissed (fired) without just cause]." <br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.<br />
<br />
{{REVIEWED | reviewer = [[Trevor Thomas]], March 2017}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=I_Have_Been_Dismissed_(Fired)_without_Just_Cause&diff=34114I Have Been Dismissed (Fired) without Just Cause2017-03-07T19:21:53Z<p>Trevor Thomas: </p>
<hr />
<div>{{Template:Legal Help Guide TOC}}The general rule is that you can be dismissed (fired or laid off) even if you’ve done nothing wrong, and the law can't require that you get your job back. There are exceptions, however: <br />
*'''Union members:''' If you belong to a union, your union representatives can file a grievance on your behalf. The arbitrator can <span class="noglossary">order</span> that you be reinstated, along with back pay. <br />
*'''Human rights violations:''' If you believe that you've been fired because of your race, political belief, religion, marital or family status, physical or mental <span class="noglossary">disability</span>, sex, sexual orientation, age or a criminal conviction, you can file a human rights complaint, and the BC or federal human rights tribunal could <span class="noglossary">order</span> that you be reinstated, along with lost pay. See "[[I am being discriminated against or sexually harassed]]" in this Guide.<br />
*'''Health or safety complaints:''' If you believe that you've been fired because you complained about a health or safety matter (relating to yourself or anyone else), you can file a ''discrimination complaint'' with workers' compensation (WorkSafeBC). WorkSafeBC can <span class="noglossary">order</span> that you be reinstated and receive back pay unless the employer can prove that your health and safety actions had nothing to do with your dismissal. <br />
*'''Federally regulated employees:''' If you have been fired after being employed in a federally regulated industry for twelve (12) months or more, you can ask an adjudicator for an <span class="noglossary">order</span> for lost pay and, if you wish, that you be reinstated. <br />
<br />
If you don't fall within one of these groups, you won't be able to get your job back, but you are entitled to receive ''notice'' before your employment ends, or ''pay in lieu of notice''. The minimum notice requirements depend on whether your employer is federally or provincially regulated (for a <span class="noglossary">brief</span> explanation, see "[[My employer isn't paying my wages]]" in this Guide). <br />
<br />
If your employer is ''provincially regulated'', you are entitled to at least: <br />
*One week's notice (or equivalent pay) after three consecutive months of employment. <br />
*Two weeks' notice (or equivalent pay) after 12 consecutive months of employment. <br />
*Three weeks' notice (or equivalent pay) after three consecutive years of employment, plus an additional week's notice (or equivalent pay) for each additional consecutive year of employment to a maximum of eight weeks' notice (or equivalent pay).<br />
<br />
If your employer is ''federally regulated'', you are entitled to at least two weeks' notice or two weeks of severance pay in lieu of notice once you have completed three consecutive months of employment. <br />
<br />
In addition to your entitlement to minimum notice (or pay in lieu of notice), you may also be entitled to common law reasonable notice (or pay in lieu of notice). This additional entitlement may be significantly more than the minimum amounts. The additional common law reasonable notice may also require you to take steps to "mitigate" your loss of income and benefits. This means that, after your employment ends, you may have a legal obligation to take reasonable steps to find new employment. A failure to mitigate may affect your entitlement to the amount of common law reasonable notice.<br />
<br />
If you have not been explicitly dismissed (i.e., "fired"), but your employer has taken action to demonstrate that it no longer wishes to continue your employment, this may be a constructive dismissal. Since you have not been formally dismissed, the employer's action is referred to as a "constructive" dismissal.<br />
<br />
==First steps==<br />
If you did not receive the notice or equivalent pay that you are entitled to:<br />
#Follow the steps outlined in "[[My employer isn't paying my wages]]" to file an employment standards complaint. The steps <span class="noglossary">will</span> vary depending on whether your employer is federally or provincially regulated. If your employer is federally regulated, you must file your complaint within ''ninety (90) days'' of the dismissal, so <span class="noglossary">act</span> quickly.<br />
#If you have been dismissed without just cause, you may also sue your employer in court for ''wrongful dismissal''. See "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide. A judge may order your employer to pay you more money that the provincially or federally regulated minimums described above.<br />
<br />
{{Tipsbox<br />
| width = 70%<br />
| tips = If you belong to a union and have been dismissed from your job, you should immediately ask your shop steward or other union representative to file a grievance on your behalf. <br />
}}<br />
<br />
== What happens next ==<br />
<br />
If you have filed an employment standards complaint, see "[[My employer isn't paying my wages]]" in this Guide for what happens next. If your employer is federally regulated and you have worked twelve (12) or more months, you can apply for an order that you be given your job back, along with all the pay you would have earned had you not been dismissed. You may be awarded less than your full loss of earnings depending on the facts. <br />
<br />
If you have chosen to sue your former employer, see "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide for what happens next.<br />
<br />
== Where to get help ==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are: <br />
*[[Employment Standards Branch of BC]] if your employer is provincially regulated, and [[Employment Standards (Canada)]] if your employer is federally regulated. <br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. <br />
*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1074 I’ve been dismissed (fired) without just cause]." <br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.<br />
<br />
{{REVIEWED | reviewer = [[Trevor Thomas]], March 2017}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=I_Have_Been_Dismissed_(Fired)_without_Just_Cause&diff=34113I Have Been Dismissed (Fired) without Just Cause2017-03-07T19:19:03Z<p>Trevor Thomas: </p>
<hr />
<div>{{Template:Legal Help Guide TOC}}The general rule is that you can be dismissed (fired or laid off) even if you’ve done nothing wrong, and the law can't require that you get your job back. There are exceptions, however: <br />
*'''Union members:''' If you belong to a union, your union representatives can file a grievance on your behalf. The arbitrator can <span class="noglossary">order</span> that you be reinstated, along with back pay. <br />
*'''Human rights violations:''' If you believe that you've been fired because of your race, political belief, religion, marital or family status, physical or mental <span class="noglossary">disability</span>, sex, sexual orientation, age or a criminal conviction, you can file a human rights complaint, and the BC or federal human rights tribunal could <span class="noglossary">order</span> that you be reinstated, along with lost pay. See "[[I am being discriminated against or sexually harassed]]" in this Guide.<br />
*'''Health or safety complaints:''' If you believe that you've been fired because you complained about a health or safety matter (relating to yourself or anyone else), you can file a ''discrimination complaint'' with workers' compensation (WorkSafeBC). WorkSafeBC can <span class="noglossary">order</span> that you be reinstated and receive back pay unless the employer can prove that your health and safety actions had nothing to do with your dismissal. <br />
*'''Federally regulated employees:''' If you have been fired after being employed in a federally regulated industry for twelve (12) months or more, you can ask an adjudicator to <span class="noglossary">order</span> that you be reinstated, along with lost pay. <br />
<br />
If you don't fall within one of these groups, you won't be able to get your job back, but you are entitled to receive ''notice'' before your employment ends, or ''pay in lieu of notice''. The minimum notice requirements depend on whether your employer is federally or provincially regulated (for a <span class="noglossary">brief</span> explanation, see "[[My employer isn't paying my wages]]" in this Guide). <br />
<br />
If your employer is ''provincially regulated'', you are entitled to at least: <br />
*One week's notice (or equivalent pay) after three consecutive months of employment. <br />
*Two weeks' notice (or equivalent pay) after 12 consecutive months of employment. <br />
*Three weeks' notice (or equivalent pay) after three consecutive years of employment, plus an additional week's notice (or equivalent pay) for each additional consecutive year of employment to a maximum of eight weeks' notice (or equivalent pay).<br />
<br />
If your employer is ''federally regulated'', you are entitled to at least two weeks' notice or two weeks of severance pay in lieu of notice once you have completed three consecutive months of employment. <br />
<br />
In addition to your entitlement to minimum notice (or pay in lieu of notice), you may also be entitled to common law reasonable notice (or pay in lieu of notice). This additional entitlement may be significantly more than the minimum amounts. The additional common law reasonable notice may also require you to take steps to "mitigate" your loss of income and benefits. This means that, after your employment ends, you may have a legal obligation to take reasonable steps to find new employment. A failure to mitigate may affect your entitlement to the amount of common law reasonable notice.<br />
<br />
If you have not been explicitly dismissed (i.e., "fired"), but your employer has taken action to demonstrate that it no longer wishes to continue your employment, this may be a constructive dismissal. Since you have not been formally dismissed, the employer's action is referred to as a "constructive" dismissal.<br />
<br />
==First steps==<br />
If you did not receive the notice or equivalent pay that you are entitled to:<br />
#Follow the steps outlined in "[[My employer isn't paying my wages]]" to file an employment standards complaint. The steps <span class="noglossary">will</span> vary depending on whether your employer is federally or provincially regulated. If your employer is federally regulated, you must file your complaint within ''ninety (90) days'' of the dismissal, so <span class="noglossary">act</span> quickly.<br />
#If you have been dismissed without just cause, you may also sue your employer in court for ''wrongful dismissal''. See "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide. A judge may order your employer to pay you more money that the provincially or federally regulated minimums described above.<br />
<br />
{{Tipsbox<br />
| width = 70%<br />
| tips = If you belong to a union and have been dismissed from your job, you should immediately ask your shop steward or other union representative to file a grievance on your behalf. <br />
}}<br />
<br />
== What happens next ==<br />
<br />
If you have filed an employment standards complaint, see "[[My employer isn't paying my wages]]" in this Guide for what happens next. If your employer is federally regulated and you have worked twelve (12) or more months, you can apply for an order that you be given your job back, along with all the pay you would have earned had you not been dismissed. You may be awarded less than your full loss of earnings depending on the facts. <br />
<br />
If you have chosen to sue your former employer, see "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide for what happens next.<br />
<br />
== Where to get help ==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are: <br />
*[[Employment Standards Branch of BC]] if your employer is provincially regulated, and [[Employment Standards (Canada)]] if your employer is federally regulated. <br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. <br />
*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1074 I’ve been dismissed (fired) without just cause]." <br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.<br />
<br />
{{REVIEWED | reviewer = [[Trevor Thomas]], March 2017}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=My_Employer_Isn%27t_Paying_My_Wages&diff=34112My Employer Isn't Paying My Wages2017-03-07T18:57:49Z<p>Trevor Thomas: </p>
<hr />
<div>{{Template:Legal Help Guide TOC}}This section is intended for non-unionized employees. For unionized employees, see the box below entitled "Tips & Notes".<br />
<br />
As an employee, you are entitled to be paid for all of the hours that you worked, within a short period of time after completing the work. If you have worked overtime, you may be entitled to additional pay for the excess hours. You may also be entitled to pay for statutory holidays. <br />
<br />
If you can't resolve a problem relating to unpaid wages directly with your employer, you generally have two options for taking <span class="noglossary">action</span>: <br />
*[[I need to take someone to court—what's the process?|sue directly in Small Claims Court or the Supreme Court]], or <br />
*make a claim through either the provincial or federal labour ministries. <br />
<br />
It is important to get legal advice about both of these options. This is important because once you have begun one of these processes, you may be legally prevented from switching to or using the other process. It is also important to understand which forum is best suited for your particular problem. Generally, the provincial ministry (i.e., Employment Standards Branch) will assist you in enforcing your rights under the the provincial Employment Standards Act. The federal ministry (i.e., Employment and Social Development Canada) will assist you in enforcing your rights under the Canada Labour Code. Courts generally do not allow you to start a court action if your problem can be addressed through the provincial or federal labour ministry. Rather, courts generally only deal with problems that fall outside of Employment Standards Act and Canada Labour Code.<br />
<br />
This section <span class="noglossary">will</span> focus on how to make a claim through the provincial and federal labour ministries. Which ministry to make your claim through <span class="noglossary">will</span> depend on whether your employer is ''provincially regulated'' or ''federally regulated''. Most employers are provincially regulated, but the following are federally regulated:<br />
*federal government and federal Crown corporations,<br />
*banks,<br />
*Indian bands and tribal councils, and <br />
*inter-provincial or international railways, airlines and transportation companies.<br />
<br />
{{Tipsbox<br />
| width =70%<br />
| tips = If you belong to a union, your rights generally depend on the collective agreement, and they are normally enforced by asking the union to pursue a grievance on your behalf. Talk to your shop steward or other union representative about any unpaid wages as soon as possible. <br />
}}<br />
<br />
== If your employer is provincially regulated ==<br />
=== First steps ===<br />
#Contact your employer and see if you can resolve the problem directly.<br />
#Obtain a "[http://www.labour.gov.bc.ca/esb/self-help/welcome.htm Complaint Process Self-Help Kit]" from the [[Employment Standards Branch of BC]] as soon as possible. The self-help kit is designed to help employees and employers solve workplace disputes quickly and fairly. It includes a Request for Payment form and a letter from the Employment Standards Branch for you to give to your employer. <br />
#Your employer has fifteen (15) days to respond to your Request for Payment. If he or she does not, or the matter is not resolved, you can file a [http://www.labour.gov.bc.ca/esb/facshts/complaint.htm complaint form] with the Employment Standards Branch. Note that you have ''six (6) months'' to file a complaint from the time the wages were not paid or your employment ended. If you are within thirty (30) days of the end of the six-month period, you should file your complaint with the Employment Standards Branch and ''then'' use the self-help kit to try and resolve the problem.<br />
<br />
=== What happens next ===<br />
On receiving your complaint, the Employment Standards Branch staff <span class="noglossary">will</span> investigate and offer to resolve your claim through ''mediation''. If mediation does not work, it <span class="noglossary">will</span> be sent to a hearing before an ''adjudicator'', who <span class="noglossary">will</span> hear from both sides and then make a decision called a ''determination''.<br />
<br />
If you are not satisfied with the determination of the adjudicator, you can appeal to the Employment Standards Tribunal or ask the tribunal for a ''reconsideration''.<br />
<br />
== If your employer is federally regulated ==<br />
=== First steps ===<br />
#Contact your employer and see if you can resolve the problem directly.<br />
#If your employer has not responded, or if the problem has not been resolved, obtain a "[http://www.servicecanada.gc.ca/cgi-bin/search/eforms/index.cgi?app=prfl&frm=lab1166&ln=eng Complaint Form]" from Service Canada. You must file the complaint within ''six (6) months'' of when your employer was required to pay you the amount.<br />
<br />
{{Tipsbox<br />
| width =50%<br />
| tips = To find out if your employer is federally regulated, call the Labour Program of Human Resources and Skills Development Canada (HRSDC) at 1-800-641-4049.<br />
}}<br />
<br />
=== What happens next ===<br />
<br />
Your complaint will be reviewed by a Labour Program inspector, who will determine whether a violation has occurred. If you or your employer disagree with the findings, there will be an opportunity to provide more information before a final determination is made. <br />
<br />
If you or your employer are not satisfied with the final determination, you can request a review to the Minister of Labour within fifteen (15) days after the notice was served. If, after the review, you or your employer remain unsatisfied, you can appeal to a referee. <br />
<br />
== Where to get help==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
*[[Employment Standards Branch of BC]] if your employer is provincially regulated, and [[Employment Standards (Canada)]] if your employer is federally regulated.<br />
*[[PovNet]].<br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].<br />
*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1073 My employer isn't paying my wages]" for further resources.<br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.<br />
<br />
{{REVIEWED | reviewer = [[Trevor Thomas]], March 2017}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=My_Employer_Isn%27t_Paying_My_Wages&diff=34111My Employer Isn't Paying My Wages2017-03-07T18:47:18Z<p>Trevor Thomas: /* First steps */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}As an employee, you are entitled to be paid for all of the hours that you worked, within a short period after completing the work. If you have worked overtime, you may be entitled to additional pay for the excess hours. You may also be entitled to pay for statutory holidays. <br />
<br />
If you can't resolve a problem relating to unpaid wages directly with your employer, you generally have two options for taking <span class="noglossary">action</span>: <br />
*[[I need to take someone to court—what's the process?|sue directly in Small Claims Court or the Supreme Court]], or <br />
*make a claim through either the provincial or federal labour ministries. <br />
<br />
It is important to get legal advice about both of these options. This is important because once you have begun one of these processes, you may be legally prevented from switching to or using the other process. It is also important to understand which forum is best suited for your particular problem. Generally, the provincial ministry (i.e., Employment Standards Branch) will assist you in enforcing your rights under the the provincial Employment Standards Act. The federal ministry (i.e., Employment and Social Development Canada) will assist you in enforcing your rights under the Canada Labour Code. Courts generally do not allow you to start a court action if your problem can be addressed through one of the ministries. Rather, courts generally only deal with problems that fall outside of Employment Standards Act and Canada Labour Code.<br />
<br />
This section <span class="noglossary">will</span> focus on how to make a claim through the provincial and federal labour ministries. Which ministry to make your claim through <span class="noglossary">will</span> depend on whether your employer is ''provincially regulated'' or ''federally regulated''. Most employers are provincially regulated, but the following are federally regulated:<br />
*federal government and federal Crown corporations,<br />
*banks,<br />
*Indian bands and tribal councils, and <br />
*inter-provincial or international railways, airlines and transportation companies.<br />
<br />
{{Tipsbox<br />
| width =70%<br />
| tips = If you belong to a union, your rights generally depend on the collective agreement, and they are normally enforced by asking the union to pursue a grievance on your behalf. Talk to your shop steward or other union representative about any unpaid wages as soon as possible. <br />
}}<br />
<br />
== If your employer is provincially regulated ==<br />
=== First steps ===<br />
#Contact your employer and see if you can resolve the problem directly.<br />
#Obtain a "[http://www.labour.gov.bc.ca/esb/self-help/welcome.htm Complaint Process Self-Help Kit]" from the [[Employment Standards Branch of BC]] as soon as possible. The self-help kit is designed to help employees and employers solve workplace disputes quickly and fairly. It includes a Request for Payment form and a letter from the Employment Standards Branch for you to give to your employer. <br />
#Your employer has fifteen (15) days to respond to your Request for Payment. If he or she does not, or the matter is not resolved, you can file a [http://www.labour.gov.bc.ca/esb/facshts/complaint.htm complaint form] with the Employment Standards Branch. Note that you have ''six (6) months'' to file a complaint from the time the wages were not paid or your employment ended. If you are within thirty (30) days of the end of the six-month period, you should file your complaint with the Employment Standards Branch and ''then'' use the self-help kit to try and resolve the problem.<br />
<br />
=== What happens next ===<br />
On receiving your complaint, the Employment Standards Branch staff <span class="noglossary">will</span> investigate and offer to resolve your claim through ''mediation''. If mediation does not work, it <span class="noglossary">will</span> be sent to a hearing before an ''adjudicator'', who <span class="noglossary">will</span> hear from both sides and then make a decision called a ''determination''.<br />
<br />
If you are not satisfied with the determination of the adjudicator, you can appeal to the Employment Standards Tribunal or ask the tribunal for a ''reconsideration''.<br />
<br />
== If your employer is federally regulated ==<br />
=== First steps ===<br />
#Contact your employer and see if you can resolve the problem directly.<br />
#If your employer has not responded, or if the problem has not been resolved, obtain a "[http://www.servicecanada.gc.ca/cgi-bin/search/eforms/index.cgi?app=prfl&frm=lab1166&ln=eng Complaint Form]" from Service Canada. You must file the complaint within ''ninety (90) days'' of being dismissed (i.e., fired).<br />
<br />
{{Tipsbox<br />
| width =50%<br />
| tips = To find out if your employer is federally regulated, call the Labour Program of Human Resources and Skills Development Canada (HRSDC) at 1-800-641-4049.<br />
}}<br />
<br />
=== What happens next ===<br />
<br />
Your complaint will be reviewed by a Labour Program inspector, who will determine whether a violation has occurred. If you or your employer disagree with the findings, there will be an opportunity to provide more information before a final determination is made. <br />
<br />
If you or your employer are not satisfied with the final determination, you can request a review to the Minister of Labour within 15 days after the notice was served. If, after the review, you or your employer remain unsatisfied, you can appeal to a referee. <br />
<br />
== Where to get help==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
*[[Employment Standards Branch of BC]] if your employer is provincially regulated, and [[Employment Standards (Canada)]] if your employer is federally regulated.<br />
*[[PovNet]].<br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].<br />
*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1073 My employer isn't paying my wages]" for further resources.<br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.<br />
<br />
{{REVIEWED | reviewer = [[Trevor Thomas]], March 2017}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=My_Employer_Isn%27t_Paying_My_Wages&diff=34110My Employer Isn't Paying My Wages2017-03-07T18:46:40Z<p>Trevor Thomas: /* First steps */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}As an employee, you are entitled to be paid for all of the hours that you worked, within a short period after completing the work. If you have worked overtime, you may be entitled to additional pay for the excess hours. You may also be entitled to pay for statutory holidays. <br />
<br />
If you can't resolve a problem relating to unpaid wages directly with your employer, you generally have two options for taking <span class="noglossary">action</span>: <br />
*[[I need to take someone to court—what's the process?|sue directly in Small Claims Court or the Supreme Court]], or <br />
*make a claim through either the provincial or federal labour ministries. <br />
<br />
It is important to get legal advice about both of these options. This is important because once you have begun one of these processes, you may be legally prevented from switching to or using the other process. It is also important to understand which forum is best suited for your particular problem. Generally, the provincial ministry (i.e., Employment Standards Branch) will assist you in enforcing your rights under the the provincial Employment Standards Act. The federal ministry (i.e., Employment and Social Development Canada) will assist you in enforcing your rights under the Canada Labour Code. Courts generally do not allow you to start a court action if your problem can be addressed through one of the ministries. Rather, courts generally only deal with problems that fall outside of Employment Standards Act and Canada Labour Code.<br />
<br />
This section <span class="noglossary">will</span> focus on how to make a claim through the provincial and federal labour ministries. Which ministry to make your claim through <span class="noglossary">will</span> depend on whether your employer is ''provincially regulated'' or ''federally regulated''. Most employers are provincially regulated, but the following are federally regulated:<br />
*federal government and federal Crown corporations,<br />
*banks,<br />
*Indian bands and tribal councils, and <br />
*inter-provincial or international railways, airlines and transportation companies.<br />
<br />
{{Tipsbox<br />
| width =70%<br />
| tips = If you belong to a union, your rights generally depend on the collective agreement, and they are normally enforced by asking the union to pursue a grievance on your behalf. Talk to your shop steward or other union representative about any unpaid wages as soon as possible. <br />
}}<br />
<br />
== If your employer is provincially regulated ==<br />
=== First steps ===<br />
#Contact your employer and see if you can resolve the problem directly.<br />
#Obtain a "[http://www.labour.gov.bc.ca/esb/self-help/welcome.htm Complaint Process Self-Help Kit]" from the [[Employment Standards Branch of BC]] as soon as possible. The self-help kit is designed to help employees and employers solve workplace disputes quickly and fairly. It includes a Request for Payment form and a letter from the Employment Standards Branch for you to give to your employer. <br />
#Your employer has fifteen (15) days to respond to your Request for Payment. If he or she does not, or the matter is not resolved, you can file a [http://www.labour.gov.bc.ca/esb/facshts/complaint.htm complaint form] with the Employment Standards Branch. Note that you have ''six (6) months'' to file a complaint from the time the wages were not paid or your employment ended. If you are within thirty (30) days of the end of the six-month period, you should file your complaint with the Employment Standards Branch and ''then'' use the self-help kit to try and resolve the problem.<br />
<br />
=== What happens next ===<br />
On receiving your complaint, the Employment Standards Branch staff <span class="noglossary">will</span> investigate and offer to resolve your claim through ''mediation''. If mediation does not work, it <span class="noglossary">will</span> be sent to a hearing before an ''adjudicator'', who <span class="noglossary">will</span> hear from both sides and then make a decision called a ''determination''.<br />
<br />
If you are not satisfied with the determination of the adjudicator, you can appeal to the Employment Standards Tribunal or ask the tribunal for a ''reconsideration''.<br />
<br />
== If your employer is federally regulated ==<br />
=== First steps ===<br />
#Contact your employer and see if you can resolve the problem directly.<br />
#If your employer has not responded, or if the problem has not been resolved, obtain a "[http://www.servicecanada.gc.ca/cgi-bin/search/eforms/index.cgi?app=prfl&frm=lab1166&ln=eng Complaint Form]" from Service Canada. You must file the complaint within ninety (90) days of being dismissed (i.e., fired).<br />
<br />
{{Tipsbox<br />
| width =50%<br />
| tips = To find out if your employer is federally regulated, call the Labour Program of Human Resources and Skills Development Canada (HRSDC) at 1-800-641-4049.<br />
}}<br />
<br />
=== What happens next ===<br />
<br />
Your complaint will be reviewed by a Labour Program inspector, who will determine whether a violation has occurred. If you or your employer disagree with the findings, there will be an opportunity to provide more information before a final determination is made. <br />
<br />
If you or your employer are not satisfied with the final determination, you can request a review to the Minister of Labour within 15 days after the notice was served. If, after the review, you or your employer remain unsatisfied, you can appeal to a referee. <br />
<br />
== Where to get help==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
*[[Employment Standards Branch of BC]] if your employer is provincially regulated, and [[Employment Standards (Canada)]] if your employer is federally regulated.<br />
*[[PovNet]].<br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].<br />
*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1073 My employer isn't paying my wages]" for further resources.<br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.<br />
<br />
{{REVIEWED | reviewer = [[Trevor Thomas]], March 2017}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=My_Employer_Isn%27t_Paying_My_Wages&diff=34109My Employer Isn't Paying My Wages2017-03-07T18:45:37Z<p>Trevor Thomas: /* First steps */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}As an employee, you are entitled to be paid for all of the hours that you worked, within a short period after completing the work. If you have worked overtime, you may be entitled to additional pay for the excess hours. You may also be entitled to pay for statutory holidays. <br />
<br />
If you can't resolve a problem relating to unpaid wages directly with your employer, you generally have two options for taking <span class="noglossary">action</span>: <br />
*[[I need to take someone to court—what's the process?|sue directly in Small Claims Court or the Supreme Court]], or <br />
*make a claim through either the provincial or federal labour ministries. <br />
<br />
It is important to get legal advice about both of these options. This is important because once you have begun one of these processes, you may be legally prevented from switching to or using the other process. It is also important to understand which forum is best suited for your particular problem. Generally, the provincial ministry (i.e., Employment Standards Branch) will assist you in enforcing your rights under the the provincial Employment Standards Act. The federal ministry (i.e., Employment and Social Development Canada) will assist you in enforcing your rights under the Canada Labour Code. Courts generally do not allow you to start a court action if your problem can be addressed through one of the ministries. Rather, courts generally only deal with problems that fall outside of Employment Standards Act and Canada Labour Code.<br />
<br />
This section <span class="noglossary">will</span> focus on how to make a claim through the provincial and federal labour ministries. Which ministry to make your claim through <span class="noglossary">will</span> depend on whether your employer is ''provincially regulated'' or ''federally regulated''. Most employers are provincially regulated, but the following are federally regulated:<br />
*federal government and federal Crown corporations,<br />
*banks,<br />
*Indian bands and tribal councils, and <br />
*inter-provincial or international railways, airlines and transportation companies.<br />
<br />
{{Tipsbox<br />
| width =70%<br />
| tips = If you belong to a union, your rights generally depend on the collective agreement, and they are normally enforced by asking the union to pursue a grievance on your behalf. Talk to your shop steward or other union representative about any unpaid wages as soon as possible. <br />
}}<br />
<br />
== If your employer is provincially regulated ==<br />
=== First steps ===<br />
#Contact your employer and see if you can resolve the problem directly.<br />
#Obtain a "[http://www.labour.gov.bc.ca/esb/self-help/welcome.htm Complaint Process Self-Help Kit]" from the [[Employment Standards Branch of BC]] as soon as possible. The self-help kit is designed to help employees and employers solve workplace disputes quickly and fairly. It includes a Request for Payment form and a letter from the Employment Standards Branch for you to give to your employer. <br />
#Your employer has fifteen (15) days to respond to your Request for Payment. If he or she does not, or the matter is not resolved, you can file a [http://www.labour.gov.bc.ca/esb/facshts/complaint.htm complaint form] with the Employment Standards Branch. Note that you have ''six months'' to file a complaint from the time the wages were not paid or your employment ended. If you are within 30 days of the end of the six-month period, you should file your complaint with the Employment Standards Branch and ''then'' use the self-help kit to try and resolve the problem.<br />
<br />
=== What happens next ===<br />
On receiving your complaint, the Employment Standards Branch staff <span class="noglossary">will</span> investigate and offer to resolve your claim through ''mediation''. If mediation does not work, it <span class="noglossary">will</span> be sent to a hearing before an ''adjudicator'', who <span class="noglossary">will</span> hear from both sides and then make a decision called a ''determination''.<br />
<br />
If you are not satisfied with the determination of the adjudicator, you can appeal to the Employment Standards Tribunal or ask the tribunal for a ''reconsideration''.<br />
<br />
== If your employer is federally regulated ==<br />
=== First steps ===<br />
#Contact your employer and see if you can resolve the problem directly.<br />
#If your employer has not responded, or if the problem has not been resolved, obtain a "[http://www.servicecanada.gc.ca/cgi-bin/search/eforms/index.cgi?app=prfl&frm=lab1166&ln=eng Complaint Form]" from Service Canada. You must file the complaint within ninety (90) days of being dismissed (i.e., fired).<br />
<br />
{{Tipsbox<br />
| width =50%<br />
| tips = To find out if your employer is federally regulated, call the Labour Program of Human Resources and Skills Development Canada (HRSDC) at 1-800-641-4049.<br />
}}<br />
<br />
=== What happens next ===<br />
<br />
Your complaint will be reviewed by a Labour Program inspector, who will determine whether a violation has occurred. If you or your employer disagree with the findings, there will be an opportunity to provide more information before a final determination is made. <br />
<br />
If you or your employer are not satisfied with the final determination, you can request a review to the Minister of Labour within 15 days after the notice was served. If, after the review, you or your employer remain unsatisfied, you can appeal to a referee. <br />
<br />
== Where to get help==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
*[[Employment Standards Branch of BC]] if your employer is provincially regulated, and [[Employment Standards (Canada)]] if your employer is federally regulated.<br />
*[[PovNet]].<br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].<br />
*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1073 My employer isn't paying my wages]" for further resources.<br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.<br />
<br />
{{REVIEWED | reviewer = [[Trevor Thomas]], March 2017}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=My_Employer_Isn%27t_Paying_My_Wages&diff=34108My Employer Isn't Paying My Wages2017-03-07T18:44:59Z<p>Trevor Thomas: /* First steps */</p>
<hr />
<div>{{Template:Legal Help Guide TOC}}As an employee, you are entitled to be paid for all of the hours that you worked, within a short period after completing the work. If you have worked overtime, you may be entitled to additional pay for the excess hours. You may also be entitled to pay for statutory holidays. <br />
<br />
If you can't resolve a problem relating to unpaid wages directly with your employer, you generally have two options for taking <span class="noglossary">action</span>: <br />
*[[I need to take someone to court—what's the process?|sue directly in Small Claims Court or the Supreme Court]], or <br />
*make a claim through either the provincial or federal labour ministries. <br />
<br />
It is important to get legal advice about both of these options. This is important because once you have begun one of these processes, you may be legally prevented from switching to or using the other process. It is also important to understand which forum is best suited for your particular problem. Generally, the provincial ministry (i.e., Employment Standards Branch) will assist you in enforcing your rights under the the provincial Employment Standards Act. The federal ministry (i.e., Employment and Social Development Canada) will assist you in enforcing your rights under the Canada Labour Code. Courts generally do not allow you to start a court action if your problem can be addressed through one of the ministries. Rather, courts generally only deal with problems that fall outside of Employment Standards Act and Canada Labour Code.<br />
<br />
This section <span class="noglossary">will</span> focus on how to make a claim through the provincial and federal labour ministries. Which ministry to make your claim through <span class="noglossary">will</span> depend on whether your employer is ''provincially regulated'' or ''federally regulated''. Most employers are provincially regulated, but the following are federally regulated:<br />
*federal government and federal Crown corporations,<br />
*banks,<br />
*Indian bands and tribal councils, and <br />
*inter-provincial or international railways, airlines and transportation companies.<br />
<br />
{{Tipsbox<br />
| width =70%<br />
| tips = If you belong to a union, your rights generally depend on the collective agreement, and they are normally enforced by asking the union to pursue a grievance on your behalf. Talk to your shop steward or other union representative about any unpaid wages as soon as possible. <br />
}}<br />
<br />
== If your employer is provincially regulated ==<br />
=== First steps ===<br />
#Contact your employer and see if you can resolve the problem directly.<br />
#Obtain a "[http://www.labour.gov.bc.ca/esb/self-help/welcome.htm Complaint Process Self-Help Kit]" from the [[Employment Standards Branch of BC]] as soon as possible. The self-help kit is designed to help employees and employers solve workplace disputes quickly and fairly. It includes a Request for Payment form and a letter from the Employment Standards Branch for you to give to your employer. <br />
#Your employer has 15 days to respond to your Request for Payment. If he or she does not, or the matter is not resolved, you can file a [http://www.labour.gov.bc.ca/esb/facshts/complaint.htm complaint form] with the Employment Standards Branch. Note that you have ''six months'' to file a complaint from the time the wages were not paid or your employment ended. If you are within 30 days of the end of the six-month period, you should file your complaint with the Employment Standards Branch and ''then'' use the self-help kit to try and resolve the problem.<br />
<br />
=== What happens next ===<br />
On receiving your complaint, the Employment Standards Branch staff <span class="noglossary">will</span> investigate and offer to resolve your claim through ''mediation''. If mediation does not work, it <span class="noglossary">will</span> be sent to a hearing before an ''adjudicator'', who <span class="noglossary">will</span> hear from both sides and then make a decision called a ''determination''.<br />
<br />
If you are not satisfied with the determination of the adjudicator, you can appeal to the Employment Standards Tribunal or ask the tribunal for a ''reconsideration''.<br />
<br />
== If your employer is federally regulated ==<br />
=== First steps ===<br />
#Contact your employer and see if you can resolve the problem directly.<br />
#If your employer has not responded, or if the problem has not been resolved, obtain a "[http://www.servicecanada.gc.ca/cgi-bin/search/eforms/index.cgi?app=prfl&frm=lab1166&ln=eng Complaint Form]" from Service Canada. You must file the complaint within ninety (90) days of being dismissed (i.e., fired).<br />
<br />
{{Tipsbox<br />
| width =50%<br />
| tips = To find out if your employer is federally regulated, call the Labour Program of Human Resources and Skills Development Canada (HRSDC) at 1-800-641-4049.<br />
}}<br />
<br />
=== What happens next ===<br />
<br />
Your complaint will be reviewed by a Labour Program inspector, who will determine whether a violation has occurred. If you or your employer disagree with the findings, there will be an opportunity to provide more information before a final determination is made. <br />
<br />
If you or your employer are not satisfied with the final determination, you can request a review to the Minister of Labour within 15 days after the notice was served. If, after the review, you or your employer remain unsatisfied, you can appeal to a referee. <br />
<br />
== Where to get help==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
*[[Employment Standards Branch of BC]] if your employer is provincially regulated, and [[Employment Standards (Canada)]] if your employer is federally regulated.<br />
*[[PovNet]].<br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].<br />
*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1073 My employer isn't paying my wages]" for further resources.<br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.<br />
<br />
{{REVIEWED | reviewer = [[Trevor Thomas]], March 2017}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=My_Employer_Isn%27t_Paying_My_Wages&diff=34107My Employer Isn't Paying My Wages2017-03-07T18:38:42Z<p>Trevor Thomas: </p>
<hr />
<div>{{Template:Legal Help Guide TOC}}As an employee, you are entitled to be paid for all of the hours that you worked, within a short period after completing the work. If you have worked overtime, you may be entitled to additional pay for the excess hours. You may also be entitled to pay for statutory holidays. <br />
<br />
If you can't resolve a problem relating to unpaid wages directly with your employer, you generally have two options for taking <span class="noglossary">action</span>: <br />
*[[I need to take someone to court—what's the process?|sue directly in Small Claims Court or the Supreme Court]], or <br />
*make a claim through either the provincial or federal labour ministries. <br />
<br />
It is important to get legal advice about both of these options. This is important because once you have begun one of these processes, you may be legally prevented from switching to or using the other process. It is also important to understand which forum is best suited for your particular problem. Generally, the provincial ministry (i.e., Employment Standards Branch) will assist you in enforcing your rights under the the provincial Employment Standards Act. The federal ministry (i.e., Employment and Social Development Canada) will assist you in enforcing your rights under the Canada Labour Code. Courts generally do not allow you to start a court action if your problem can be addressed through one of the ministries. Rather, courts generally only deal with problems that fall outside of Employment Standards Act and Canada Labour Code.<br />
<br />
This section <span class="noglossary">will</span> focus on how to make a claim through the provincial and federal labour ministries. Which ministry to make your claim through <span class="noglossary">will</span> depend on whether your employer is ''provincially regulated'' or ''federally regulated''. Most employers are provincially regulated, but the following are federally regulated:<br />
*federal government and federal Crown corporations,<br />
*banks,<br />
*Indian bands and tribal councils, and <br />
*inter-provincial or international railways, airlines and transportation companies.<br />
<br />
{{Tipsbox<br />
| width =70%<br />
| tips = If you belong to a union, your rights generally depend on the collective agreement, and they are normally enforced by asking the union to pursue a grievance on your behalf. Talk to your shop steward or other union representative about any unpaid wages as soon as possible. <br />
}}<br />
<br />
== If your employer is provincially regulated ==<br />
=== First steps ===<br />
#Contact your employer and see if you can resolve the problem directly.<br />
#Obtain a "[http://www.labour.gov.bc.ca/esb/self-help/welcome.htm Complaint Process Self-Help Kit]" from the [[Employment Standards Branch of BC]] as soon as possible. The self-help kit is designed to help employees and employers solve workplace disputes quickly and fairly. It includes a Request for Payment form and a letter from the Employment Standards Branch for you to give to your employer. <br />
#Your employer has 15 days to respond to your Request for Payment. If he or she does not, or the matter is not resolved, you can file a [http://www.labour.gov.bc.ca/esb/facshts/complaint.htm complaint form] with the Employment Standards Branch. Note that you have ''six months'' to file a complaint from the time the wages were not paid or your employment ended. If you are within 30 days of the end of the six-month period, you should file your complaint with the Employment Standards Branch and ''then'' use the self-help kit to try and resolve the problem.<br />
<br />
=== What happens next ===<br />
On receiving your complaint, the Employment Standards Branch staff <span class="noglossary">will</span> investigate and offer to resolve your claim through ''mediation''. If mediation does not work, it <span class="noglossary">will</span> be sent to a hearing before an ''adjudicator'', who <span class="noglossary">will</span> hear from both sides and then make a decision called a ''determination''.<br />
<br />
If you are not satisfied with the determination of the adjudicator, you can appeal to the Employment Standards Tribunal or ask the tribunal for a ''reconsideration''.<br />
<br />
== If your employer is federally regulated ==<br />
=== First steps ===<br />
#Contact your employer and see if you can resolve the problem directly.<br />
#If your employer has not responded, or if the problem has not been resolved, obtain a "[http://www.servicecanada.gc.ca/cgi-bin/search/eforms/index.cgi?app=prfl&frm=lab1166&ln=eng Complaint Form]" from Service Canada.<br />
<br />
{{Tipsbox<br />
| width =50%<br />
| tips = To find out if your employer is federally regulated, call the Labour Program of Human Resources and Skills Development Canada (HRSDC) at 1-800-641-4049.<br />
}}<br />
<br />
=== What happens next ===<br />
<br />
Your complaint will be reviewed by a Labour Program inspector, who will determine whether a violation has occurred. If you or your employer disagree with the findings, there will be an opportunity to provide more information before a final determination is made. <br />
<br />
If you or your employer are not satisfied with the final determination, you can request a review to the Minister of Labour within 15 days after the notice was served. If, after the review, you or your employer remain unsatisfied, you can appeal to a referee. <br />
<br />
== Where to get help==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
*[[Employment Standards Branch of BC]] if your employer is provincially regulated, and [[Employment Standards (Canada)]] if your employer is federally regulated.<br />
*[[PovNet]].<br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].<br />
*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1073 My employer isn't paying my wages]" for further resources.<br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.<br />
<br />
{{REVIEWED | reviewer = [[Trevor Thomas]], March 2017}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=My_Employer_Isn%27t_Paying_My_Wages&diff=34106My Employer Isn't Paying My Wages2017-03-07T18:36:56Z<p>Trevor Thomas: </p>
<hr />
<div>{{Template:Legal Help Guide TOC}}As an employee, you are entitled to be paid for all of the hours that you worked, within a short period after completing the work. If you have worked overtime, you may be entitled to additional pay for the excess hours. You may also be entitled to pay for statutory holidays. <br />
<br />
If you can't resolve a problem relating to unpaid wages directly with your employer, you generally have two options for taking <span class="noglossary">action</span>: <br />
*[[I need to take someone to court—what's the process?|sue directly in Small Claims Court or the Supreme Court]], or <br />
*make a claim through either the provincial or federal labour ministries. <br />
<br />
It is important to get legal advice about both of these options. This is important because once you have begun one of these processes, you may be legally prevented from switching to or using the other process. It is also important to understand which forum is best suited for your particular problem. Generally, the provincial ministry (i.e., Employment Standards Branch) will assist you in enforcing your rights under the the provincial Employment Standards Act. The federal ministry (i.e., Employment and Social Development Canada) will assist you in enforcing your rights under the Canada Labour Code. Courts generally do not allow you to start a court action if your problem can be addressed through one of the ministries. Rather, courts generally only deal with problems that fall outside of Employment Standards Act and Canada Labour Code.<br />
<br />
This section <span class="noglossary">will</span> focus on how to make a claim through the labour ministries. Which ministry to make your claim through <span class="noglossary">will</span> depend on whether your employer is ''provincially regulated'' or ''federally regulated''. Most employers are provincially regulated, but the following are federally regulated:<br />
*federal government and federal Crown corporations,<br />
*banks,<br />
*Indian bands and tribal councils, and <br />
*inter-provincial or international railways, airlines and transportation companies.<br />
<br />
{{Tipsbox<br />
| width =70%<br />
| tips = If you belong to a union, your rights generally depend on the collective agreement, and they are normally enforced by asking the union to pursue a grievance on your behalf. Talk to your shop steward or other union representative about any unpaid wages as soon as possible. <br />
}}<br />
<br />
== If your employer is provincially regulated ==<br />
=== First steps ===<br />
#Contact your employer and see if you can resolve the problem directly.<br />
#Obtain a "[http://www.labour.gov.bc.ca/esb/self-help/welcome.htm Complaint Process Self-Help Kit]" from the [[Employment Standards Branch of BC]] as soon as possible. The self-help kit is designed to help employees and employers solve workplace disputes quickly and fairly. It includes a Request for Payment form and a letter from the Employment Standards Branch for you to give to your employer. <br />
#Your employer has 15 days to respond to your Request for Payment. If he or she does not, or the matter is not resolved, you can file a [http://www.labour.gov.bc.ca/esb/facshts/complaint.htm complaint form] with the Employment Standards Branch. Note that you have ''six months'' to file a complaint from the time the wages were not paid or your employment ended. If you are within 30 days of the end of the six-month period, you should file your complaint with the Employment Standards Branch and ''then'' use the self-help kit to try and resolve the problem.<br />
<br />
=== What happens next ===<br />
On receiving your complaint, the Employment Standards Branch staff <span class="noglossary">will</span> investigate and offer to resolve your claim through ''mediation''. If mediation does not work, it <span class="noglossary">will</span> be sent to a hearing before an ''adjudicator'', who <span class="noglossary">will</span> hear from both sides and then make a decision called a ''determination''.<br />
<br />
If you are not satisfied with the determination of the adjudicator, you can appeal to the Employment Standards Tribunal or ask the tribunal for a ''reconsideration''.<br />
<br />
== If your employer is federally regulated ==<br />
=== First steps ===<br />
#Contact your employer and see if you can resolve the problem directly.<br />
#If your employer has not responded, or if the problem has not been resolved, obtain a "[http://www.servicecanada.gc.ca/cgi-bin/search/eforms/index.cgi?app=prfl&frm=lab1166&ln=eng Complaint Form]" from Service Canada.<br />
<br />
{{Tipsbox<br />
| width =50%<br />
| tips = To find out if your employer is federally regulated, call the Labour Program of Human Resources and Skills Development Canada (HRSDC) at 1-800-641-4049.<br />
}}<br />
<br />
=== What happens next ===<br />
<br />
Your complaint will be reviewed by a Labour Program inspector, who will determine whether a violation has occurred. If you or your employer disagree with the findings, there will be an opportunity to provide more information before a final determination is made. <br />
<br />
If you or your employer are not satisfied with the final determination, you can request a review to the Minister of Labour within 15 days after the notice was served. If, after the review, you or your employer remain unsatisfied, you can appeal to a referee. <br />
<br />
== Where to get help==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
*[[Employment Standards Branch of BC]] if your employer is provincially regulated, and [[Employment Standards (Canada)]] if your employer is federally regulated.<br />
*[[PovNet]].<br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].<br />
*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1073 My employer isn't paying my wages]" for further resources.<br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.<br />
<br />
{{REVIEWED | reviewer = [[Trevor Thomas]], March 2017}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=I%27ve_Been_Turned_Down_for_Employment_Insurance_Benefits&diff=27385I've Been Turned Down for Employment Insurance Benefits2015-11-10T20:39:09Z<p>Trevor Thomas: </p>
<hr />
<div>{{Template:Legal Help Guide TOC}}<br />
<br><br />
Employment Insurance (EI) may give one of these reasons for turning you down:<br />
<br />
:* '''You do not have enough hours of work to qualify'''. To get EI benefits, you must have worked a certain number of hours. You must have worked those hours in your qualifying period, which is usually the year before you apply. <br />
<br />
:* You were '''fired for''' ''just cause''. (a good legal reason)<br />
<br />
:* You quit '''without''' ''just cause''.<br />
<br />
:* You are '''not available for work''' (includes not actively looking for a job). You may not be able to get EI benefits until you are available for work. <br />
<br />
:* You made '''false statements to EI'''. You may have to repay some benefits and you may have to pay a penalty.<br />
<br />
<br />
'''You can ask for a reconsideration and appeal any of these decisions'''<br />
<br />
If you disagree with a decision made by Service Canada regarding your EI benefits, you have the right to request a reconsideration of that decision. <br />
<br />
You can appeal (ask for a reconsideration of your claim) if EI:<br />
:* has refused you benefits <br />
:* says you have to repay benefits <br />
:* has given you a warning letter and/or a penalty<br />
<br />
== First steps ==<br />
<br />
To request a reconsideration, complete the [http://www.servicecanada.gc.ca/cgi-bin/search/eforms/index.cgi?app=prfl&frm=ins5210&ln=eng reconsideration form] and mail it to the address provided on the form. <br />
<br />
If you do not agree with the reconsideration decision, you can file an [http://www1.canada.ca/en/sst/ap/eigd.html appeal] with the Social Security Tribunal. Your appeal must be filed within 30 days of receiving your reconsideration decision. <br />
<br />
If you disagree with the decision made by the Social Security Tribunal, you can [http://www1.canada.ca/en/sst/ap/eiad.html appeal] to the Social Security Tribunal's Appeal Division. The appeal must be filed within 30 days of receiving the appeal decision. You will have to request permission to file the appeal<br />
<br />
== What happens next ==<br />
<br />
'''Reconsideration'''<br />
<br />
After you have filed your reconsideration, Service Canada will review your file and notify you of the decision. Each case is decided on its own merits. There are no oral hearings for this process.<br />
<br />
'''Appeal to the General Division'''<br />
<br />
Once you file your appeal, the Social Security Tribunal will send you a copy of your EI file. This file contains all the information EI used to make its decision. <br />
<br />
A Social Security Tribunal (SST) member will review the EI file as well as your appeal form or letter and any other information you have provided. <br />
<br />
The Social Security Tribunal member will decide one of two things:<br />
<br />
:* your appeal goes forward, or<br />
<br />
:* your appeal is dismissed.<br />
<br />
The Social Security Tribunal member will send you the decision in writing. <br />
<br />
If your appeal is dismissed, you can appeal that decision. See the section, '''Appeal to the Appeal Division'''<br />
<br />
'''If your appeal goes forward'''<br />
<br />
If your appeal goes forward, the Social Security Tribunal member will do one of two things: make a '''decision on the record''', or hold a '''hearing'''. <br />
<br />
:* '''A decision on the record''' means the Tribunal member will decide based on the EI file and the materials you sent.<br />
<br />
:* If a '''hearing''' will take place, the Tribunal will contact you to schedule the hearing. You can present your own case, or you can arrange for someone such as a lawyer or an advocate or a friend to help you. See '''Where to get help''' to find someone who can help you.<br />
<br />
After the hearing, the Tribunal member will make the decision, put it in writing and send you a copy. <br />
<br />
'''Appeal to the Appeal Division'''<br />
<br />
If you disagree with the decision, you can go to the second level of appeal at the Social Security Tribunal. This is called the Appeal Division. <br />
<br />
You will need ''leave to appeal'' (permission to appeal) to this second level, unless you are appealing the General Division’s decision to dismiss your appeal. <br />
<br />
You must file your appeal '''within 30 days''' of the day you got the decision from the General Division. <br />
<br />
The Government of Canada's website provides a [http://www.canada.ca/en/sst/hta/index.html summary of the appeal process]. Look under '''Employment Insurance Appeals – EI Appeal Division'''. <br />
<br />
<br />
== Where to get help ==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this guide for a list of helpful resources. Your best bets are: <br />
*[[Service Canada]], and particularly their resources on Employment Insurance: the [http://www.servicecanada.gc.ca/eng/sc/ei/index.shtml EI Homepage], a section for [http://www.ei-ae.gc.ca/en/home.shtml Employment Insurance Appellants], and a [http://www.ei-ae.gc.ca/en/board/favourable_jurisprudence/favourable_decisions_introduction.shtml collection of EI appeal decisions favouring workers]. <br />
*[[PovNet]]. <br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. <br />
*[[Community Legal Assistance Society]]. <br />
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1724 Employment Insurance]." <br />
<br />
<br />
Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. When you go to the meeting, make sure you take copies of all the documents about your case. <br />
<br />
<br />
{{REVIEWED | reviewer = [[Jim Sayre]], February 2013}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=I_Have_Been_Dismissed_(Fired)_without_Just_Cause&diff=27384I Have Been Dismissed (Fired) without Just Cause2015-11-10T20:02:29Z<p>Trevor Thomas: </p>
<hr />
<div>{{Template:Legal Help Guide TOC}}The general rule is that you can be dismissed (fired or laid off) even if you’ve done nothing wrong, and the law can't require that you get your job back. There are exceptions, however: <br />
*'''Union members:''' If you belong to a union, your union representatives can file a grievance on your behalf. The arbitrator can <span class="noglossary">order</span> that you be reinstated, along with back pay. <br />
*'''Human rights violations:''' If you believe that you've been fired because of your race, political belief, religion, marital or family status, physical or mental <span class="noglossary">disability</span>, sex, sexual orientation, age or a criminal conviction, you can file a human rights complaint, and the BC or federal human rights tribunal could <span class="noglossary">order</span> that you be reinstated, along with lost pay. See "[[I am being discriminated against or sexually harassed]]" in this Guide.<br />
*'''Health or safety complaints:''' If you believe that you've been fired because you complained about a health or safety matter (relating to yourself or anyone else), you can file a ''discrimination complaint'' with workers' compensation (WorkSafeBC). WorkSafeBC can <span class="noglossary">order</span> that you be reinstated and receive back pay unless the employer can prove that your health and safety actions had nothing to do with your dismissal. <br />
*'''Federally regulated employees:''' If you have been fired after being employed in a federally regulated industry for 12 months or more, you can ask an adjudicator to <span class="noglossary">order</span> that you be reinstated, along with lost pay. <br />
<br />
If you don't fall within one of these groups, you won't be able to get your job back, but you are entitled to receive ''reasonable notice'' before your employment ends, or ''pay for the period of reasonable notice''. The minimum notice requirements depend on whether your employer is federally or provincially regulated (for a <span class="noglossary">brief</span> explanation, see "[[My employer isn't paying my wages]]" in this Guide). <br />
<br />
If your employer is ''provincially regulated'', you are entitled to at least: <br />
*One week's notice (or equivalent pay) after three consecutive months of employment. <br />
*Two weeks' notice (or equivalent pay) after 12 consecutive months of employment. <br />
*Three weeks' notice (or equivalent pay) after three consecutive years of employment, plus an additional week's notice (or equivalent pay) for each additional consecutive year of employment to a maximum of eight weeks' notice (or equivalent pay).<br />
<br />
If your employer is ''federally regulated'', you are entitled to at least two weeks' notice or two weeks of severance pay in lieu of notice once you have completed three consecutive months of employment. <br />
<br />
==First steps==<br />
If you did not receive the notice or equivalent pay that you are entitled to:<br />
#Follow the steps outlined in "[[My employer isn't paying my wages]]" to file an employment standards complaint. The steps <span class="noglossary">will</span> vary depending on whether your employer is federally or provincially regulated. If your employer is federally regulated, you must file your complaint within 90 days of the dismissal, so <span class="noglossary">act</span> quickly.<br />
#If you have been dismissed without just cause, you may also sue your employer in court for ''wrongful dismissal''. See "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide. A judge may order your employer to pay you more money that the provincially or federally regulated minimums described above.<br />
<br />
{{Tipsbox<br />
| width = 70%<br />
| tips = If you belong to a union and have been dismissed from your job, you should immediately ask your shop steward or other union representative to file a grievance on your behalf. <br />
}}<br />
<br />
== What happens next ==<br />
<br />
If you have filed an employment standards complaint, see "[[My employer isn't paying my wages]]" in this Guide for what happens next. If your employer is federally regulated and you have worked 12 or more months, you can apply for an order that you be given your job back, along with all the pay you would have earned had you not been dismissed. You may be awarded less than your full loss of earnings depending on the facts. <br />
<br />
If you have chosen to sue your former employer, see "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide for what happens next.<br />
<br />
== Where to get help ==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are: <br />
*[[Employment Standards Branch of BC]] if your employer is provincially regulated, and [[Employment Standards (Canada)]] if your employer is federally regulated. <br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. <br />
*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1074 I’ve been dismissed (fired) without just cause]." <br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.<br />
<br />
{{REVIEWED | reviewer = [[Jim Sayre]], February 2013}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=I_Have_Been_Dismissed_(Fired)_without_Just_Cause&diff=27381I Have Been Dismissed (Fired) without Just Cause2015-11-10T19:56:50Z<p>Trevor Thomas: </p>
<hr />
<div>{{Template:Legal Help Guide TOC}}The general rule is that you can be dismissed (fired or laid off) even if you’ve done nothing wrong, and the law can't require that you get your job back. There are exceptions, however: <br />
*'''Union members:''' If you belong to a union, your union representatives can file a grievance on your behalf. The arbitrator can <span class="noglossary">order</span> that you be reinstated, along with back pay. <br />
*'''Human rights violations:''' If you believe that you've been fired because of your race, political belief, religion, marital or family status, physical or mental <span class="noglossary">disability</span>, sex, sexual orientation, age or a criminal conviction, you can file a human rights complaint, and the BC or federal human rights tribunal could <span class="noglossary">order</span> that you be reinstated, along with lost pay. See "[[I am being discriminated against or sexually harassed]]" in this Guide.<br />
*'''Health or safety complaints:''' If you believe that you've been fired because you complained about a health or safety matter (relating to yourself or anyone else), you can file a ''discrimination complaint'' with workers' compensation (WorkSafeBC). WorkSafeBC can <span class="noglossary">order</span> that you be reinstated and receive back pay unless the employer can prove that your health and safety actions had nothing to do with your dismissal. <br />
*'''Federally regulated employees:''' If you have been fired after being employed in a federally regulated industry for 12 months or more, you can ask an adjudicator to <span class="noglossary">order</span> that you be reinstated, along with lost pay. <br />
<br />
If you don't fall within one of these groups, you won't be able to get your job back, but you are entitled to receive ''reasonable notice'' before your employment ends, or ''pay for the period of reasonable notice''. The minimum notice requirements depend on whether your employer is federally or provincially regulated (for a <span class="noglossary">brief</span> explanation, see "[[My employer isn't paying my wages]]" in this Guide). <br />
<br />
If your employer is ''provincially regulated'', you are entitled to at least: <br />
*One week's notice (or equivalent pay) after three consecutive months of employment. <br />
*Two weeks' notice (or equivalent pay) after 12 consecutive months of employment. <br />
*Three weeks' notice (or equivalent pay) after three consecutive years of employment, plus an additional week's notice (or equivalent pay) for each additional consecutive year of employment to a maximum of eight weeks' notice (or equivalent pay).<br />
<br />
If your employer is ''federally regulated'', you are entitled to at least two weeks' notice or two weeks of severance pay in lieu of notice once you have completed three consecutive months of employment. <br />
<br />
==First steps==<br />
If you did not receive the notice or equivalent pay that you are entitled to:<br />
#Follow the steps outlined in "[[My employer isn't paying my wages]]" to file an employment standards complaint. The steps <span class="noglossary">will</span> vary depending on whether your employer is federally or provincially regulated. If your employer is federally regulated, you must file your complaint within 6 months of the dismissal, so <span class="noglossary">act</span> quickly.<br />
#If you have been dismissed without just cause, you may also sue your employer in court for ''wrongful dismissal''. See "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide. A judge may order your employer to pay you more money that the provincially or federally regulated minimums described above.<br />
<br />
{{Tipsbox<br />
| width = 70%<br />
| tips = If you belong to a union and have been dismissed from your job, you should immediately ask your shop steward or other union representative to file a grievance on your behalf. <br />
}}<br />
<br />
== What happens next ==<br />
<br />
If you have filed an employment standards complaint, see "[[My employer isn't paying my wages]]" in this Guide for what happens next. If your employer is federally regulated and you have worked 12 or more months, you can apply for an order that you be given your job back, along with all the pay you would have earned had you not been dismissed. You may be awarded less than your full loss of earnings depending on the facts. <br />
<br />
If you have chosen to sue your former employer, see "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide for what happens next.<br />
<br />
== Where to get help ==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are: <br />
*[[Employment Standards Branch of BC]] if your employer is provincially regulated, and [[Employment Standards (Canada)]] if your employer is federally regulated. <br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. <br />
*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1074 I’ve been dismissed (fired) without just cause]." <br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.<br />
<br />
{{REVIEWED | reviewer = [[Jim Sayre]], February 2013}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=My_Employer_Isn%27t_Paying_My_Wages&diff=27380My Employer Isn't Paying My Wages2015-11-10T19:46:11Z<p>Trevor Thomas: </p>
<hr />
<div>{{Template:Legal Help Guide TOC}}As an employee, you are entitled to be paid for all of the hours that you worked, within a short period after completing the work. If you have worked overtime, you may be entitled to additional pay for the excess hours. You may also be entitled to pay for statutory holidays. <br />
<br />
If you can't resolve a problem relating to unpaid wages directly with your employer, you generally have two options for taking <span class="noglossary">action</span>: <br />
*[[I need to take someone to court—what's the process?|sue directly in Small Claims Court or the Supreme Court]], or <br />
*make a claim through either the provincial or federal labour ministries. <br />
<br />
It is important to get legal advice about both of these options. This is because once you have begun one of these processes, you may be legally prevented from switching to or using the other process. <br />
<br />
This section <span class="noglossary">will</span> focus on how to make a claim through the labour ministries. Which ministry to make your claim through <span class="noglossary">will</span> depend on whether your employer is ''provincially regulated'' or ''federally regulated''. Most employers are provincially regulated, but the following are federally regulated:<br />
*federal government and federal Crown corporations,<br />
*banks,<br />
*Indian bands and tribal councils, and <br />
*inter-provincial or international railways, airlines and transportation companies.<br />
<br />
{{Tipsbox<br />
| width =70%<br />
| tips = If you belong to a union, your rights generally depend on the collective agreement, and they are normally enforced by asking the union to pursue a grievance on your behalf. Talk to your shop steward or other union representative about any unpaid wages as soon as possible. <br />
}}<br />
<br />
== If your employer is provincially regulated ==<br />
=== First steps ===<br />
#Contact your employer and see if you can resolve the problem directly.<br />
#Obtain a "[http://www.labour.gov.bc.ca/esb/self-help/welcome.htm Complaint Process Self-Help Kit]" from the [[Employment Standards Branch of BC]] as soon as possible. The self-help kit is designed to help employees and employers solve workplace disputes quickly and fairly. It includes a Request for Payment form and a letter from the Employment Standards Branch for you to give to your employer. <br />
#Your employer has 15 days to respond to your Request for Payment. If he or she does not, or the matter is not resolved, you can file a [http://www.labour.gov.bc.ca/esb/facshts/complaint.htm complaint form] with the Employment Standards Branch. Note that you have ''six months'' to file a complaint from the time the wages were not paid or your employment ended. If you are within 30 days of the end of the six-month period, you should file your complaint with the Employment Standards Branch and ''then'' use the self-help kit to try and resolve the problem.<br />
<br />
=== What happens next ===<br />
On receiving your complaint, the Employment Standards Branch staff <span class="noglossary">will</span> investigate and offer to resolve your claim through ''mediation''. If mediation does not work, it <span class="noglossary">will</span> be sent to a hearing before an ''adjudicator'', who <span class="noglossary">will</span> hear from both sides and then make a decision called a ''determination''.<br />
<br />
If you are not satisfied with the determination of the adjudicator, you can appeal to the Employment Standards Tribunal or ask the tribunal for a ''reconsideration''.<br />
<br />
== If your employer is federally regulated ==<br />
=== First steps ===<br />
#Contact your employer and see if you can resolve the problem directly.<br />
#If your employer has not responded, or if the problem has not been resolved, obtain a "[http://www.servicecanada.gc.ca/cgi-bin/search/eforms/index.cgi?app=prfl&frm=lab1166&ln=eng Complaint Form]" from Service Canada.<br />
<br />
{{Tipsbox<br />
| width =50%<br />
| tips = To find out if your employer is federally regulated, call the Labour Program of Human Resources and Skills Development Canada (HRSDC) at 1-800-641-4049.<br />
}}<br />
<br />
=== What happens next ===<br />
<br />
Your complaint will be reviewed by a Labour Program inspector, who will determine whether a violation has occurred. If you or your employer disagree with the findings, there will be an opportunity to provide more information before a final determination is made. <br />
<br />
If you or your employer are not satisfied with the final determination, you can request a review to the Minister of Labour within 15 days after the notice was served. If, after the review, you or your employer remain unsatisfied, you can appeal to a referee. <br />
<br />
== Where to get help==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
*[[Employment Standards Branch of BC]] if your employer is provincially regulated, and [[Employment Standards (Canada)]] if your employer is federally regulated.<br />
*[[PovNet]].<br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].<br />
*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1073 My employer isn't paying my wages]" for further resources.<br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.<br />
<br />
{{REVIEWED | reviewer = [[Jim Sayre]], February 2013}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=My_Employer_Isn%27t_Paying_My_Wages&diff=27379My Employer Isn't Paying My Wages2015-11-10T19:43:52Z<p>Trevor Thomas: </p>
<hr />
<div>{{Template:Legal Help Guide TOC}}As an employee, you are entitled to be paid for all of the hours that you worked, within a short period after completing the work. If you have worked overtime, you may be entitled to additional pay for the excess hours. You may also be entitled to pay for statutory holidays. <br />
<br />
If you can't resolve a problem relating to unpaid wages directly with your employer, you generally have two options for taking <span class="noglossary">action</span>: <br />
*[[I need to take someone to court—what's the process?|sue directly in Small Claims Court or the Supreme Court]], or <br />
*make a claim through either the provincial or federal labour ministries. <br />
<br />
It is important to get legal advice about both of these options. This is because once you have begun one of these processes, you may be legally prevented from switching to or using the other process. <br />
<br />
This section <span class="noglossary">will</span> focus on how to make a claim through the labour ministries. Which ministry to make your claim through <span class="noglossary">will</span> depend on whether your employer is ''provincially regulated'' or ''federally regulated''. Most employers are provincially regulated, but the following are federally regulated:<br />
*federal government and federal Crown corporations,<br />
*banks,<br />
*Indian bands and tribal councils, and <br />
*inter-provincial or international railways, airlines and transportation companies.<br />
<br />
{{Tipsbox<br />
| width =70%<br />
| tips = If you belong to a union, your rights generally depend on the collective agreement, and they are normally enforced by asking the union to pursue a grievance on your behalf. Talk to your shop steward or other union representative about any unpaid wages as soon as possible. <br />
}}<br />
<br />
== If your employer is provincially regulated ==<br />
=== First steps ===<br />
#Contact your employer and see if you can resolve the problem directly.<br />
#Obtain a "[http://www.labour.gov.bc.ca/esb/self-help/welcome.htm Complaint Process Self-Help Kit]" from the [[Employment Standards Branch of BC]] as soon as possible. The self-help kit is designed to help employees and employers solve workplace disputes quickly and fairly. It includes a Request for Payment form and a letter from the Employment Standards Branch for you to give to your employer. <br />
#Your employer has 15 days to respond to your Request for Payment. If he or she does not, or the matter is not resolved, you can file a [http://www.labour.gov.bc.ca/esb/facshts/complaint.htm complaint form] with the Employment Standards Branch. Note that you have ''six months'' to file a complaint from the time the wages were not paid or your employment ended. If you are within 30 days of the end of the six-month period, you should file your complaint with the Employment Standards Branch and ''then'' use the self-help kit to try and resolve the problem.<br />
<br />
=== What happens next ===<br />
On receiving your complaint, the Employment Standards Branch staff <span class="noglossary">will</span> investigate and offer to resolve your claim through ''mediation''. If mediation does not work, it <span class="noglossary">will</span> be sent to a hearing before an ''adjudicator'', who <span class="noglossary">will</span> hear from both sides and then make a decision called a ''determination''.<br />
<br />
If you are not satisfied with the determination of the adjudicator, you can appeal to the Employment Standards Tribunal or ask the tribunal for a ''reconsideration''.<br />
<br />
== If your employer is federally regulated ==<br />
=== First steps ===<br />
#Contact your employer and see if you can resolve the problem directly.<br />
#If your employer has not responded, or if the problem has not been resolved, obtain a "[http://www.servicecanada.gc.ca/cgi-bin/search/eforms/index.cgi?app=prfl&frm=lab1166&ln=eng Complaint Form]" from [[Employment Standards (Canada)]] the Service Canada website.<br />
<br />
{{Tipsbox<br />
| width =50%<br />
| tips = To find out if your employer is federally regulated, call the Labour Program of Human Resources and Skills Development Canada (HRSDC) at 1-800-641-4049.<br />
}}<br />
<br />
=== What happens next ===<br />
<br />
Your complaint will be reviewed by a Labour Program inspector, who will determine whether a violation has occurred. If you or your employer disagree with the findings, there will be an opportunity to provide more information before a final determination is made. <br />
<br />
If you or your employer are not satisfied with the determination, you can request a review to the Minister of Labour within 15 days after the notice was served. If, after the review, you or your employer remain unsatisfied, you can appeal to a referee. <br />
<br />
== Where to get help==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
*[[Employment Standards Branch of BC]] if your employer is provincially regulated, and [[Employment Standards (Canada)]] if your employer is federally regulated.<br />
*[[PovNet]].<br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].<br />
*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1073 My employer isn't paying my wages]" for further resources.<br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.<br />
<br />
{{REVIEWED | reviewer = [[Jim Sayre]], February 2013}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomashttps://wiki.clicklaw.bc.ca/index.php?title=My_Employer_Isn%27t_Paying_My_Wages&diff=27373My Employer Isn't Paying My Wages2015-11-10T19:14:00Z<p>Trevor Thomas: </p>
<hr />
<div>{{Template:Legal Help Guide TOC}}As an employee, you are entitled to be paid for all of the hours that you worked, within a short period after completing the work. If you have worked overtime, you may be entitled to additional pay for the excess hours. You may also be entitled to pay for statutory holidays. <br />
<br />
If you can't resolve a problem relating to unpaid wages directly with your employer, you generally have two options for taking <span class="noglossary">action</span>: <br />
*[[I need to take someone to court—what's the process?|sue directly in Small Claims Court or the Supreme Court]], or <br />
*make a claim through either the provincial or federal labour ministries. <br />
<br />
It is important to get legal advice about both of these options. This is because once you have begun one of these processes, you may be legally prevented from switching to or using the other process. <br />
<br />
This section <span class="noglossary">will</span> focus on how to make a claim through the labour ministries. Which ministry to make your claim through <span class="noglossary">will</span> depend on whether your employer is ''provincially regulated'' or ''federally regulated''. Most employers are provincially regulated, but the following are federally regulated:<br />
*federal government and federal Crown corporations,<br />
*banks,<br />
*Indian bands and tribal councils, and <br />
*inter-provincial or international railways, airlines and transportation companies.<br />
<br />
{{Tipsbox<br />
| width =70%<br />
| tips = If you belong to a union, your rights generally depend on the collective agreement, and they are normally enforced by asking the union to pursue a grievance on your behalf. Talk to your shop steward or other union representative about any unpaid wages as soon as possible. <br />
}}<br />
<br />
== If your employer is provincially regulated ==<br />
=== First steps ===<br />
#Contact your employer and see if you can resolve the problem directly.<br />
#Obtain a "[http://www.labour.gov.bc.ca/esb/self-help/welcome.htm Complaint Process Self-Help Kit]" from the [[Employment Standards Branch of BC]] as soon as possible. The self-help kit is designed to help employees and employers solve workplace disputes quickly and fairly. It includes a Request for Payment form and a letter from the Employment Standards Branch for you to give to your employer. <br />
#Your employer has 15 days to respond to your Request for Payment. If he or she does not, or the matter is not resolved, you can file a [http://www.labour.gov.bc.ca/esb/facshts/complaint.htm complaint form] with the Employment Standards Branch. Note that you have ''six months'' to file a complaint from the time the wages were not paid or your employment ended. If you are within 30 days of the end of the six-month period, you should file your complaint with the Employment Standards Branch and ''then'' use the self-help kit to try and resolve the problem.<br />
<br />
=== What happens next ===<br />
On receiving your complaint, the Employment Standards Branch staff <span class="noglossary">will</span> investigate and offer to resolve your claim through ''mediation''. If mediation does not work, it <span class="noglossary">will</span> be sent to a hearing before an ''adjudicator'', who <span class="noglossary">will</span> hear from both sides and then make a decision called a ''determination''.<br />
<br />
If you are not satisfied with the determination of the adjudicator, you can appeal to the Employment Standards Tribunal or ask the tribunal for a ''reconsideration''.<br />
<br />
== If your employer is federally regulated ==<br />
=== First steps ===<br />
#Contact your employer and see if you can resolve the problem directly.<br />
#If your employer has not responded within 10 days, obtain a "[http://www.hrsdc.gc.ca/eng/labour/opd/700_10/page03.shtml Payment Claim Kit]" from [[Employment Standards (Canada)]] of Human Resources and Skills Development Canada (HRSDC). The kit contains a labour standards pamphlet and a Payment Claim letter to your employer. Read the pamphlet and complete and send the Payment Claim letter to your employer.<br />
#Your employer has 10 days to respond to your Payment Claim. If he or she does not, or the matter is not resolved, you can file a [http://www.servicecanada.gc.ca/cgi-bin/search/eforms/index.cgi?app=prfl&frm=lab1060&ln=eng Complaint Registration Form], following the <span class="noglossary">instructions</span> in the Payment Claim Kit.<br />
<br />
{{Tipsbox<br />
| width =50%<br />
| tips = To find out if your employer is federally regulated, call the Labour Program of Human Resources and Skills Development Canada (HRSDC) at 1-800-641-4049.<br />
}}<br />
<br />
=== What happens next ===<br />
<br />
HRSDC <span class="noglossary">will</span> investigate your complaint and attempt to resolve it with you and your employer.<br />
<br />
If the complaint can't be resolved, it <span class="noglossary">will</span> be sent to an independent adjudicator appointed by HRSDC, who <span class="noglossary">will</span> hear from both sides and then make a decision called a determination.<br />
<br />
If you are not satisfied with the determination, you can appeal it to the Minister of Labour within 15 days of receiving the determination. The Minister <span class="noglossary">will</span> then appoint a referee to make a formal decision.<br />
<br />
== Where to get help==<br />
<br />
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:<br />
*[[Employment Standards Branch of BC]] if your employer is provincially regulated, and [[Employment Standards (Canada)]] if your employer is federally regulated.<br />
*[[PovNet]].<br />
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].<br />
*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1073 My employer isn't paying my wages]" for further resources.<br />
<br />
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.<br />
<br />
{{REVIEWED | reviewer = [[Jim Sayre]], February 2013}}<br />
<br />
{{Template:Legal Help Guide Navbox|type=problems}}<br />
<br />
{{Creative Commons for Legal Help Guide}}</div>Trevor Thomas