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Difference between revisions of "Employment Law Issues (9:V)"
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Employment Law Issues (9:V) (view source)
Revision as of 13:27, 18 August 2021
, 13:27, 18 August 2021→17. Employment Contract Considerations
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☑ If the potential award for (i) reasonable notice and (ii) aggravated and punitive damages is under $35,000, as of June 1, 2017, consider filing a claim in Small Claims Court; see [[Introduction to Small Claims (20:I) | Chapter 20: Small Claims]]. If the worker has a strong case for an award significantly greater than $35,000, the worker should strongly consider contacting an employment lawyer to discuss proceeding with a claim in BC Supreme Court. If the potential award is only slightly over $35,000, the employee may wish to file in Small Claims Court, and waive their entitlement to any amount over $35,000, as proceeding in Small Claims Court can be less costly than proceeding in BC Supreme Court. | ☑ If the potential award for (i) reasonable notice and (ii) aggravated and punitive damages is under $35,000, as of June 1, 2017, consider filing a claim in Small Claims Court; see [[Introduction to Small Claims (20:I) | Chapter 20: Small Claims]]. If the worker has a strong case for an award significantly greater than $35,000, the worker should strongly consider contacting an employment lawyer to discuss proceeding with a claim in BC Supreme Court. If the potential award is only slightly over $35,000, the employee may wish to file in Small Claims Court, and waive their entitlement to any amount over $35,000, as proceeding in Small Claims Court can be less costly than proceeding in BC Supreme Court. | ||
=== | === 2. Employment Contract Considerations === | ||
As discussed earlier, the employer-employee relationship is contractual. Every employee has an employment contract, even if a written document does not exist. | As discussed earlier, the employer-employee relationship is contractual. Every employee has an employment contract, even if a written document does not exist. | ||
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==== Invalid Contracts – Vagueness or Ambiguity ==== | ==== Invalid Contracts – Vagueness or Ambiguity ==== | ||
Vague or ambiguous contract terms may be unenforceable. Courts will examine the wording of the contract terms to determine whether a clause is enforceable for vagueness or ambiguity. If a clause is not enforceable, courts may rule on the term of agreement based on the conduct of the employer and employee and pre-contractual communication between the parties. See ''Alsip v Top Rollshutters Inc. dba Talius'', 2016 BCCA 252. | Vague or ambiguous contract terms may be unenforceable. Courts will examine the wording of the contract terms to determine whether a clause is enforceable for vagueness or ambiguity. If a clause is not enforceable, courts may rule on the term of agreement based on the conduct of the employer and employee and pre-contractual communication between the parties. See ''Alsip v Top Rollshutters Inc. dba Talius'', 2016 BCCA 252. | ||
=== Employment Standards Cap Severance Clauses and Enforceability === | === Employment Standards Cap Severance Clauses and Enforceability === | ||
