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Difference between revisions of "I Have Been Dismissed (Fired) without Just Cause"

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I Have Been Dismissed (Fired) without Just Cause (view source)

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==First steps==
==First steps==
'''Union members:'''
If you did not receive the notice or equivalent pay that you are entitled to:
#If you belong to a union, you should immediately ask your shop steward or other union representative to file a grievance on your behalf.
# Follow the steps outlined above in "[[My employer isn't paying my wages]]" to file an employment standards complaint. The steps will 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 act 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.


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'''. You can do this by filing an employment standards complaint and/or by suing your employer for wrongful dismissal in court.
{{Tipsbox
| width = 50%
| tips = }}If you belong to a union, you should immediately ask your shop steward or other union representative to file a grievance on your behalf.
}}


To seek pay in lieu of the required period of notice, contact the [[Employment Standards Branch of BC]].  The process is similar to the process for collecting unpaid wages. 
== 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.
=== Employment Standards Complaints ===
 
As discussed in the question [[My employer isn't paying my wages]], you need to know whether your employer is federally or provincially regulated.  Each one has minimum notice requirements for workers who have been dismissed without just cause:
 
=== Provincially regulated employer ===
You are entitled to at least: 
* one week's notice (or equivalent pay) after three consecutive months of employment;
* two weeks' notice (or equivalent pay) after 12 consecutive months of employment;
* 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).
 
To seek pay in lieu of the required period of notice, contact the [[Employment Standards Branch of BC]].  The process is similar to the process for collecting unpaid wages.
 
===Federally regulated employer  ===
   
   
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.  If 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.
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.
 
To seek severance pay or reinstatement from a federally regulated employer, follow the process for collecting unpaid wages from a federally regulated employer, following the procedures in the [http://www.hrsdc.gc.ca/eng/lp/lo/opd-ipg/opd/700-10a1.shtml#appa_1 "Payment Claim Kit"] from [[Employment Standards (Canada)]] of Human Resources and Skills Development Canada (HRSDC).  You must file your complaint within 90 days of the dismissal, so act quickly.
 
=== Wrongful dismissal lawsuits ===
If you have been dismissed without just cause, you may also sue your employer in court for '''wrongful dismissal'''.  See the section of this guide entitled, “[[I need to take someone to court]]”.


== Where to get help ==
== Where to get help ==
   
   
See the [[Resource List]] in this Guide for a list of helpful resources. Your best bets are:   
See the [[Resource List]] in this Guide for a list of helpful resources. Your best bets are:   
* [[Employment Standards (Canada)]], for employees of a federally-regulated employer.
* [[Employment Standards Branch of BC]] if your employer is provincially regulated, and [[Employment Standards (Canada)]] if your employer is federally regulated.  
* [[Access Pro Bono]], [[Lawyer Referral Service]], [[Salvation Army Pro Bono Lawyer Consultation Program]], [[Private Bar Lawyers]].  
* [[Access Pro Bono]], [[Lawyer Referral Service]], [[Salvation Army Pro Bono Lawyer Consultation Program]], and [[Private Bar Lawyers]].  
* Law Students’ Legal Advice Program Manual Chapter 6 [http://www.clicklaw.bc.ca/resource/1711 “Employment Law”] for useful information on unjust dismissal.  
* The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1711 Employment Law]" for useful information on unjust dismissal.  


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.
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