If You Are Fired: Wrongful Dismissal: Difference between revisions

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*Can you sue for wrongful dismissal?
*Can you sue for wrongful dismissal?


This script answers these and other questions. Script [[Termination Under the BC ''Employment Standards Act'' (Script 280)|280]], called “Termination under the BC Employment Standards Act”, 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.  
This script answers these and other questions. Script [[Termination Under the BC ''Employment Standards Act'' (Script 280)|280]], called “Termination under the BC ''Employment Standards Act''”, 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 pay and notice) 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.  
Your contract rights may be greater than your rights under the Act. But your contract rights to certain things (such as pay and notice) 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.  
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