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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 21:00, 27 September 2022
, 21:00, 27 September 2022→1. Termination of Employment Checklist
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☑ If the worker was an employee, determine what length of notice the employee is entitled to under the ''Employment Standards Act'' (or the ''Canada Labour Code'' for federally regulated employees). Note that if at least 50 employees were terminated at once, the employee is entitled to additional notice under the ''ESA''; see [[{{PAGENAME}}#b) Group Terminations under the ESA | Section V.C.4(b): Group Terminations]]. In the rare case that the employee is entitled to more money under the ESA than through reasonable notice, and the employee was dismissed in the past 6 months, consider filing a claim with the Employment Standards Branch. Otherwise, continue to the next step of the checklist. | ☑ If the worker was an employee, determine what length of notice the employee is entitled to under the ''Employment Standards Act'' (or the ''Canada Labour Code'' for federally regulated employees). Note that if at least 50 employees were terminated at once, the employee is entitled to additional notice under the ''ESA''; see [[{{PAGENAME}}#b) Group Terminations under the ESA | Section V.C.4(b): Group Terminations]]. In the rare case that the employee is entitled to more money under the ESA than through reasonable notice, and the employee was dismissed in the past 6 months, consider filing a claim with the Employment Standards Branch. Otherwise, continue to the next step of the checklist. | ||
☑ If the worker was an employee, and was dismissed for a discriminatory reason, determine whether they have a claim with the Human Rights Tribunal (or the Canada Human Rights Tribunal for federally regulated employees); see [[Introduction to Human Rights (6:I) | Chapter 6: Human Rights]]. If they do have a potential claim, estimate how much the employee would be able to claim for (i) lost wages (minus any amount from the duty to mitigate), and (ii) injury to dignity, feelings, and self-respect. Compare this to the amount the employee could claim for (i) reasonable notice (minus any amount from the duty to mitigate), and (ii) aggravated and punitive damages. If the employee is likely to obtain more money at the Human Rights Tribunal, and has been dismissed within the past 12 months, consider filing a human rights claim. Keep in mind that it is possible to file both a civil claim and Human Rights claim for the same dismissal, but double wage loss recovery is not possible, and one claim may be deferred pending resolution of the other. See [[Introduction to Human Rights (6:I) | Chapter 6: Human Rights]]. Otherwise, continue to the next step. | ☑ If the worker was an employee, and was dismissed for a discriminatory reason, determine whether they have a claim with the BC Human Rights Tribunal (or the Canada Human Rights Tribunal for federally regulated employees); see [[Introduction to Human Rights (6:I) | Chapter 6: Human Rights]]. If they do have a potential claim, estimate how much the employee would be able to claim for (i) lost wages (minus any amount from the duty to mitigate), and (ii) injury to dignity, feelings, and self-respect. Compare this to the amount the employee could claim for (i) reasonable notice (minus any amount from the duty to mitigate), and (ii) aggravated and punitive damages. If the employee is likely to obtain more money at the Human Rights Tribunal, and has been dismissed within the past 12 months, consider filing a human rights claim. Keep in mind that it is possible to file both a civil claim and Human Rights claim for the same dismissal, but double wage loss recovery is not possible, and one claim may be deferred pending resolution of the other. See [[Introduction to Human Rights (6:I) | Chapter 6: Human Rights]]. Otherwise, continue to the next step. | ||
☑ 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. | ||