Anonymous

Difference between revisions of "If You Are Fired: Wrongful Dismissal"

From Clicklaw Wikibooks
m
Line 74: Line 74:


==Work out the problem==
==Work out the problem==
===The steps involved===
There are steps you can take if you’re fired from your job.<br>
'''Step 1.''' Ask your employer why you’ve been fired<br>
'''Step 2.''' Apply for benefits<br>
'''Step 3.''' Start looking for work<br>
'''Step 4.''' Gather relevant documents<br>
'''Step 5.''' Consider your legal options


===More on each step===
===Step 1. Ask your employer why you've been fired===
'''Step 1. Ask your employer why you've been fired'''<br>
 
Legally speaking, your employer doesn’t need to give you a reason for firing you — unless you’re fired for just cause. But you should ask anyway.
Legally speaking, your employer doesn’t need to give you a reason for firing you — unless you’re fired for just cause. But you should ask anyway.


If they do give you a reason, this can help you decide what to do next.
If they do give you a reason, this can help you decide what to do next.


'''Step 2. Apply for benefits'''<br>
===Step 2. Apply for benefits===
 
Losing a job can mess up your finances in a hurry. It’s a good idea to apply for employment insurance benefits.
Losing a job can mess up your finances in a hurry. It’s a good idea to apply for employment insurance benefits.


Line 95: Line 89:
There are time limits involved, so you should apply right away. [https://dialalaw.peopleslawschool.ca/employment-insurance-benefits/ See our guidance on applying for EI benefits].
There are time limits involved, so you should apply right away. [https://dialalaw.peopleslawschool.ca/employment-insurance-benefits/ See our guidance on applying for EI benefits].


'''Step 3. Start looking for work'''<br>
===Step 3. Start looking for work===
 
You have a duty to seek new and comparable work, even during the notice period.
You have a duty to seek new and comparable work, even during the notice period.


'''Step 4. Gather relevant documents'''<br>
===Step 4. Gather relevant documents===
 
Collecting any documents related to your firing can help clarify your thinking. They also can serve as evidence, should you end up in a hearing or trial.
Collecting any documents related to your firing can help clarify your thinking. They also can serve as evidence, should you end up in a hearing or trial.


Line 109: Line 105:
If you’re dealing with serious work-related stress, consider getting medical treatment. Medical records are a very strong form of evidence.
If you’re dealing with serious work-related stress, consider getting medical treatment. Medical records are a very strong form of evidence.


'''Step 5. Consider your legal options'''<br>
===Step 5. Consider your legal options===
 
If you think your employer breached your legal rights by firing you, you may have as many as three options, depending on your situation.
If you think your employer breached your legal rights by firing you, you may have as many as three options, depending on your situation.


9,075

edits