Have You Experienced Wrongful Termination in BC?
Wrongful Termination – If you have been let go from your job without a good reason, you may have been wrongfully dismissed. Agencies like the BC Employment standards branch exist to uphold employment laws and advocate for employee rights, but if you don’t get the results you’re hoping for from them, the help of a lawyer may be necessary to seek a fair resolution for your case. From the date of termination, you have 6 months to file a claim under the BC Employment Standards Act.
BC Employment Standards Act
Employers are entitled to fire employees as they see fit, as long as the employee is given notice of the termination and the option to work up until the termination date or be compensated for the time period that remains, unless the employer deems that there is just cause for the termination. The BC Employment Standards act outlines the rights and responsibilities employers and employees must follow to ensure fair treatment of both parties.
“Just cause”, includes sexual harassment, discrimination, theft, dishonesty and inappropriate conduct. Unless you’ve been fired with just cause, your employer must compensate you accordingly:
Liability resulting from length of service
(1) After 3 consecutive months of employment, the employer becomes liable to pay an employee an amount equal to one week’s wages as compensation for length of service.
(2) The employer’s liability for compensation for length of service increases as follows:
(a) after 12 consecutive months of employment, to an amount equal to 2 weeks’ wages;
(b) after 3 consecutive years of employment, to an amount equal to 3 weeks’ wages plus one additional week’s wages for each additional year of employment, to a maximum of 8 weeks’ wages.
Constructive Dismissal?
Constructive dismissal is when the originally agreed-upon terms of your employment change so drastically that it may feel as if you are being fired. These include changes that could negatively impact your career and financial well-being. Your working hours may have been drastically reduced, you may be performing duties far below the ones you were hired for, or your employer may have implemented a pay cut without fair notice. A pay cut of more than 5-10% may constitute constructive dismissal. Having an employment contract helps set a clear outline of your duties and responsibilities as an employee as well as the compensation and benefits your employer has agreed to. In the event that your employment duties or rate of pay fluctuate far from that agreement, you may be experiencing constructive dismissal.
If your employer has made or allowed your workplace to become unsafe or intolerable, subjecting you to verbal abuse, harassment or aggressive behaviour, you have a case for constructive dismissal. Employees have a right to feel safe and respected in the workplace and if your employer doesn’t ensure a work environment supporting that, you may have a case for constructive dismissal.
If you believe you have been wrongfully dismissed and are ready to open a case, you’ll need to collect some information to support your claim:
- Your original employment contract
- Your letter of termination
- Pay stubs
- Your employment insurance record of employment
- Any other correspondence or information that you think may prove that you were wrongfully dismissed
Contact Pathfinder Law For Help If You Have Experienced A Wrongful Termination
Disclaimer – The information contained herein is of a general nature. It is not intended to be legal advice and it is not intended to address the exact circumstances of any particular individual or entity. You should not rely on or act upon such information without receiving appropriate professional advice and without a thorough examination of your particular situation.
