Difference between revisions of "Checklist for Employment Law (9:III)"

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Checklist for Employment Law (9:III) (view source)

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== A. Preliminary Matters ==
== 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.  
{{Checkbox}} '''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:IV)#A. Determine Jurisdiction | Section IV.A: Jurisdiction]]
*See [[Preliminary Matters for Employment Law (9:IV)#A. Determine Jurisdiction | Section IV.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.  
{{Checkbox}} '''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:IV)#C. Determine if the Employee is Unionized or Non-Unionized | Section IV.C: Unionized vs. Non-Unionized Employees]]
*See [[Preliminary Matters for Employment Law (9:IV)#C. Determine if the Employee is Unionized or Non-Unionized | Section IV.C: Unionized vs. Non-Unionized Employees]]


☑ '''Employee or Contractor''': Determine whether the worker is an actual “employee” or an “independent contractor”.  
{{Checkbox}} '''Employee or Contractor''': Determine whether the worker is an actual “employee” or an “independent contractor”.  
*See [[Preliminary Matters for Employment Law (9:IV)#D. Determine if the Worker is an Employee or Independent Contractor | Section IV.D: Employees vs. Independent Contractors]]
*See [[Preliminary Matters for Employment Law (9:IV)#D. Determine if the Worker is an Employee or Independent Contractor | Section IV.D: Employees vs. Independent Contractors]]


== B. Determine the Issue ==
== B. Determine the Issue ==


☑ Read through the common employment law issues and determine which issue(s) the employee is experiencing.  
{{Checkbox}} Read through the common employment law issues and determine which issue(s) the employee is experiencing.  
*See [[Employment Law Issues (9:V) | Section V: Employment Issues]].  
*See [[Employment Law Issues (9:V) | Section V: Employment Issues]].  
*If the issue respects termination of employment, complete the checklist located at [[Employment Law Issues (9:V)#1. Termination of Employment Checklist | Section V.C.1: Termination of Employment Checklist]] before returning to this list.
*If the issue respects termination of employment, complete the checklist located at [[Employment Law Issues (9:V)#1. Termination of Employment Checklist | Section V.C.1: Termination of Employment Checklist]] before returning to this list.
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== C. Determine the Remedy ==
== 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).   
{{Checkbox}} 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:VI) | Section VI: Remedies]].  
*See [[Remedies in Employment Law (9:VI) | Section VI: Remedies]].  


☑ Ensure that you have not missed the limitation date to file a claim.  
{{Checkbox}} Ensure that you have not missed the limitation date to file a claim.  
*See [[Remedies in Employment Law (9:VI)#D. Limitation Periods | Section VI.D: Limitation Periods]].
*See [[Remedies in Employment Law (9:VI)#D. Limitation Periods | Section VI.D: Limitation Periods]].


☑ Determine whether there are any written contracts, employment policies, or other written terms of employment that apply to the worker.   
{{Checkbox}} 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.  
{{Checkbox}} Consider the strategies and tips offered.  
*See [[Strategies_and_Tips_for_Employment_Law_(9:VII) | Section VII: Strategies and Tips]].
*See [[Strategies_and_Tips_for_Employment_Law_(9:VII) | Section VII: Strategies and Tips]].


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