Difference between revisions of "Checklist for Employment Law (9:III)"
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{{LSLAP Manual TOC|expanded = employment}} | {{LSLAP Manual TOC|expanded = employment}} | ||
== A. Preliminary Matters == | |||
☑ '''Jurisdiction:''' Determine whether the employee falls within provincial or federal jurisdiction, and make a list of which statutes apply to the employee. | |||
*See [[Preliminary Matters for Employment Law (9:III)#A. Determine Jurisdiction | Section III.A: Jurisdiction]] | |||
☑ '''Unionized or Non-Unionized''': Determine whether the employee is working in a union environment, and if so, whether the employment relationship is governed by a collective agreement, and whether the employee is in the bargaining unit covered by the collective agreement. | |||
*See [[Preliminary Matters for Employment Law (9:III)#C. Determine if the Employee is Unionized or Non-Unionized | Section III.C: Unionized vs. Non-Unionized Employees]] | |||
☑ '''Employee or Contractor''': Determine whether the worker is an actual “employee” or an “independent contractor”. | |||
*See [[Preliminary Matters for Employment Law (9:III)#D. Determine if the Worker is an Employee or Independent Contractor | Section III.D: Employees vs. Independent Contractors]] | |||
== B. Determine the Issue == | |||
☑ Read through the common employment law issues and determine which issue(s) the employee is experiencing. | |||
*See [[Employment Law Issues (9:IV) | Section IV: Employment Issues]]. | |||
*If the issue respects termination of employment, complete the checklist located at [[Employment Law Issues (9:IV)#1. Termination of Employment Checklist | Section IV.E.1: Termination of Employment Checklist]] before returning to this list. | |||
== C. Determine the Remedy == | |||
☑ Determine your legal remedy based on the legal basis for your complaint: A breach of the ''Employment Standards Act'' will lead to a claim at the Employment Standards Branch; a breach of the Human Rights Code will lead to a complaint at the Human Rights Tribunal; and a breach of the employment contract, or one of its implied terms, will lead to a claim in Small Claims Court (for claims under $25,000) or BC Supreme Court (for claims over $25,000). | |||
*See [[Remedies in Employment Law (9:V) | Section V: Remedies]]. | |||
☑ Ensure that you have not missed the limitation date to file a claim. | |||
*See [[Remedies in Employment Law (9:V)#D. Limitation Periods | Section V.D: Limitation Periods]]. | |||
☑ Determine whether there are any written contracts, employment policies, or other written terms of employment that apply to the worker. | |||
☑ Consider the strategies and tips offered. | |||
*See [[Remedies in Employment Law (9:V)#E. Strategies and Tips | Section V.E: Strategies and Tips]]. | |||
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