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If You Are Fired: Wrongful Dismissal (view source)
Revision as of 23:34, 18 May 2016
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*Can you sue for wrongful dismissal? | *Can you sue for wrongful dismissal? | ||
This script answers these and other questions. You should also check script [[Termination Under the BC ''Employment Standards Act'' (Script 280)|280]], called “Termination under the BC ''Employment Standards Act''”. It explains how the ''Employment Standards Act'' (the Act) protects employees who lose their jobs. You may have two separate types of rights: first, your rights under the Act; second, your rights under your employment contract. Your contract rights may be greater than your rights under the Act. But your contract rights to certain things (such as severance pay and notice of dismissal) cannot be less than the minimum standards the Act sets. If they are, you are still entitled to the minimum protections of the Act. And you may have rights under the Act, such as the right to overtime pay, that | This script answers these and other questions. You should also check script [[Termination Under the BC ''Employment Standards Act'' (Script 280)|280]], called “Termination under the BC ''Employment Standards Act''”. It explains how the ''[http://www.bclaws.ca/Recon/document/ID/freeside/00_96113_01 Employment Standards Act]'' (the Act) protects employees who lose their jobs. You may have two separate types of rights: first, your rights under the Act; second, your rights under your employment contract. Your contract rights may be greater than your rights under the Act. But your contract rights to certain things (such as severance pay and notice of dismissal) cannot be less than the minimum standards the Act sets. If they are, you are still entitled to the minimum protections of the Act. And you may have rights under the Act, such as the right to overtime pay, that are not available under your employment contract. This can be a complicated area and you should get legal advice about your case. | ||
==Were you an employee? Were you in a union?== | ==Were you an employee? Were you in a union?== | ||
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==A guide to how much notice and pay== | ==A guide to how much notice and pay== | ||
The ''Employment Standards Act'' | The ''Employment Standards Act'' sets the following minimum amounts for notice (or pay instead of notice) that must be given to an employee dismissed without just cause. If you have worked less than 3 months in a row, the Act does not require any notice or pay. But if you have worked for at least: | ||
*3 months in a row, you get at least 1 week’s notice or pay | *3 months in a row, you get at least 1 week’s notice or pay | ||
*12 months in a row, you get at least 2 weeks’ notice or pay | *12 months in a row, you get at least 2 weeks’ notice or pay | ||
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==Can you sue for more?== | ==Can you sue for more?== | ||
Yes, you can sue for breach of contract but there’s no guarantee you’ll win. The notice and pay amounts under the Act are minimums and you may be entitled to more under the law of contract. For example, if you worked six years, you are entitled to six weeks’ notice or pay under the Act, but you may be entitled to much more. Courts have awarded between 9 and 18 months of severance pay in many cases. Very senior and long-serving executives have received up to two years’ severance pay. | Yes, you can sue for breach of contract but there’s no guarantee you’ll win. The notice and pay amounts under the Act are minimums and you may be entitled to more under the law of contract. For example, if you worked six years, you are entitled to six weeks’ notice or pay under the Act, but you may be entitled to much more. Courts have awarded between 9 and 18 months of severance pay in many cases. Very senior and long-serving executives have received up to two years’ severance pay. | ||
==Time limit for suing and filing a claim under the Act== | |||
The time limit to sue is 2 years from when you were terminated. There is a shorter time limit to file a claim under the Act—just 6 months from when you were terminated. | |||
If you are fired and your employer gave you notice or severance pay, you should immediately talk to a lawyer to find out if you got all you are legally entitled to. | If you are fired and your employer gave you notice or severance pay, you should immediately talk to a lawyer to find out if you got all you are legally entitled to. | ||
If you want only the minimum amounts in the Act, you can contact the | If you want only the minimum amounts in the Act, you can contact the [https://www.labour.gov.bc.ca/esb/contact/welcome.htm nearest office of the Employment Standards Branch] (phone 1.800.663.3316). It’s also listed in the blue pages of the telephone book. But if you file a complaint under the Act and settle your entire claim for “wrongful dismissal”, you won’t be able to sue for breach of contract. | ||
Be careful about accepting a severance or termination package from your employer without first getting legal advice. You may be giving up important benefits. | Be careful about accepting a severance or termination package from your employer without first getting legal advice. You may be giving up important benefits. | ||
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#Get legal advice before accepting a payment from your employer as full and final settlement if you think you are entitled to more. If you settle your claim with your employer, a court may say you gave up your right to sue. You can take a reasonable time to think things over and get proper advice. | #Get legal advice before accepting a payment from your employer as full and final settlement if you think you are entitled to more. If you settle your claim with your employer, a court may say you gave up your right to sue. You can take a reasonable time to think things over and get proper advice. | ||
#Start looking for another job immediately. Even if you later sue your employer and win, you still have a duty to seek new and comparable employment right away. Keep an accurate record of your job-search, including copies of your application letters and e-mails, plus any replies you get. | #Start looking for another job immediately. Even if you later sue your employer and win, you still have a duty to seek new and comparable employment right away. Keep an accurate record of your job-search, including copies of your application letters and e-mails, plus any replies you get. | ||
#If you think you were fired because of your age, gender, religion, or some other personal characteristic, you may have a separate claim under human rights law. In that case, contact the BC Human Rights Tribunal at 604.775.2000 in Vancouver and 1.888.440.8844 elsewhere in BC | #If you think you were fired because of your age, gender, religion, or some other personal characteristic, you may have a separate claim under human rights law. In that case, contact the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] at 604.775.2000 in Vancouver and 1.888.440.8844 elsewhere in BC. If you worked for the federal government or in an industry regulated by the federal government, like banks, airlines, railways, phone and cable companies, contact the [http://www.chrc-ccdp.ca/ Canadian Human Rights Commission] at 1.888.214.1090. For more information, check scripts [[Protection Against Job Discrimination (Script 270)|270]] “Protection Against Job Discrimination” and [[Human Rights and Discrimination Protection (Script 236)|236]] “Human Rights and Discrimination Protection”. | ||
#Talk to a lawyer immediately to learn your rights and how to protect yourself. | #Talk to a lawyer immediately to learn your rights and how to protect yourself. | ||
[updated | [updated May 2016] | ||