I Have Been Dismissed (Fired) without Just Cause - Revision history

Desy Wahyuni: Desy moved page I have been dismissed (fired) without just cause to I Have Been Dismissed (Fired) without Just Cause

2017-05-02T04:27:51Z

Desy moved page I have been dismissed (fired) without just cause to I Have Been Dismissed (Fired) without Just Cause

← Older revision	Revision as of 04:27, 2 May 2017
(No difference)

Trevor Thomas: /* Where to get help */

2017-03-07T19:57:46Z

Where to get help

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	*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers\|private bar lawyers]].		*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers\|private bar lawyers]].
	*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1074 I’ve been dismissed (fired) without just cause]."		*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1074 I’ve been dismissed (fired) without just cause]."
			*[[Service Canada]], and particularly their resources on Employment Insurance: the [http://www.servicecanada.gc.ca/eng/sc/ei/index.shtml EI Homepage].

	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.		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.

Trevor Thomas: /* Where to get help */

2017-03-07T19:49:01Z

Where to get help

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	*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers\|private bar lawyers]].		*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers\|private bar lawyers]].
	*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1074 I’ve been dismissed (fired) without just cause]."		*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1074 I’ve been dismissed (fired) without just cause]."
	*Government of Canada "[https://www.canada.ca/en/services/benefits/ei.html]."

	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.		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.

Trevor Thomas: /* Where to get help */

2017-03-07T19:47:31Z

Where to get help

← Older revision		Revision as of 19:47, 7 March 2017
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	*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers\|private bar lawyers]].		*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers\|private bar lawyers]].
	*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1074 I’ve been dismissed (fired) without just cause]."		*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1074 I’ve been dismissed (fired) without just cause]."
			*Government of Canada "[https://www.canada.ca/en/services/benefits/ei.html]."

	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.		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.

Trevor Thomas: /* Employment Insurance benefits */

2017-03-07T19:46:18Z

Employment Insurance benefits

Trevor Thomas: /* Employment Insurance benefits */

2017-03-07T19:43:27Z

Employment Insurance benefits

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	== Employment Insurance benefits ==		== Employment Insurance benefits ==

			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.

			You may be entitled to EI benefits if you:

			*were employed in insurable employment;
			lost your job through no fault of your own;
			have been without work and without pay for at least seven consecutive days in the last 52 weeks;
			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;
			are ready, willing and capable of working each day;
			are actively looking for work (you must keep a written record of employers you contact, including when you contacted them).
			You may still qualify for benefits, even if you work for an employer who is related to you.

			You may not be entitled for benefits:

			if you voluntarily left your job without just cause
			if you were dismissed for misconduct
			if you are unemployed because you are directly participating in a labour dispute (for example, a strike, lockout or other type of conflict)
			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.

	== Where to get help ==		== Where to get help ==

Trevor Thomas: /* What happens next */

2017-03-07T19:39:17Z

What happens next

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	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.		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.

			== Employment Insurance benefits ==

	== Where to get help ==		== Where to get help ==

Trevor Thomas: /* First steps */

2017-03-07T19:35:27Z

First steps

← Older revision		Revision as of 19:35, 7 March 2017
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	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.		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.


	{{Tipsbox		{{Tipsbox

Trevor Thomas: /* What happens next */

2017-03-07T19:35:08Z

What happens next

← Older revision		Revision as of 19:35, 7 March 2017
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	== What happens next ==		== What happens next ==

	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.		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.

	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.		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.

Trevor Thomas: /* First steps */

2017-03-07T19:33:46Z

First steps

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	If you did not receive the notice or equivalent pay that you are entitled to:		If you did not receive the notice or equivalent pay that you are entitled to:
	#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.		#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.
	#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		#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.

			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.

	{{Tipsbox		{{Tipsbox

← Older revision		Revision as of 19:46, 7 March 2017
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	*were employed in insurable employment;		*were employed in insurable employment;
	lost your job through no fault of your own;		*lost your job through no fault of your own;
	have been without work and without pay for at least seven consecutive days in the last 52 weeks;		*have been without work and without pay for at least seven consecutive days in the last 52 weeks;
	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;		*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;
	are ready, willing and capable of working each day;		*are ready, willing and capable of working each day; and
	are actively looking for work (you must keep a written record of employers you contact, including when you contacted them).		*are actively looking for work (you must keep a written record of employers you contact, including when you contacted them).
	~~You may still qualify for benefits, even if you work for an employer who is related to you~~.

	You may not be entitled ~~for~~ benefits:		You may not be entitled to benefits if you:

	~~if you~~ voluntarily left your job without just cause		*voluntarily left your job without just cause;
	~~if you~~ were dismissed for misconduct		*were dismissed for misconduct;
	~~if you~~ are unemployed because you are directly participating in a labour dispute (for example, a strike, lockout or other type of conflict)		*are unemployed because you are directly participating in a labour dispute (for example, a strike, lockout or other type of conflict); or
	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.		*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.

	== Where to get help ==		== Where to get help ==