Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Consultation: 15 mins
In Canada, employment laws are designed to provide a fair and balanced playing field for both employers and employees. While many principles are consistent throughout the country, some municipal jurisdictions, such as Port Coquitlam, adopt additional guidelines. These laws cover all aspects of hiring and dismissal, including non-discrimination, fair treatment, accommodations for disabilities, and appropriate reasons for termination. Employers who fail to abide by these regulations could face legal action.
Having a knowledgeable lawyer can be essential in navigating tricky employment situations. It's common for individuals to seek legal assistance during unjust terminations, discrimination cases, disagreements over severance packages, whistleblower cases, or when they suspect a violation of their contractual rights. Employers often defer to legal help when constructing or amending employment contracts, firing an employee under complicated situations, or when faced with a lawsuit from a current or past employee. Legal consultation can provide reassurance and guide you through complex processes.
In Port Coquitlam, the Employment Standards Act (ESA) guides all matters related to employment. Key aspects include the prohibition of discriminatory hiring practices based on protected characteristics (race, gender, disability, etc.), requirements for employers to provide reasonable accommodations for employees with disabilities, and regulations around overtime payment and minimum wage. If terminated without cause, employees are entitled to notice or pay in lieu of notice. The ESA also dictates specific protections and severance packages for long-term employees.
A wrongful dismissal occurs when an employee is terminated without just cause and without adequate notice or compensation in lieu of notice, as specified under the ESA.
An employer cannot unilaterally alter significant terms of employment without the employee's consent. This can be viewed as constructive dismissal under the ESA.
The Canadian Human Rights Act and British Columbia Human Rights Code prohibit discrimination during hiring processes. If these rights are violated, you are entitled to legal protection.
A termination can be reviewed either internally within the organization or through the Employment Standards Branch to ensure compliance with the ESA.
Under the ESA, the maximum allowable work week is usually 40 hours, excluding overtime, unless an average agreement is in place.
The Employment Standards Branch of British Columbia is a helpful resource for understanding comprehensive employment rights and rules. The Canadian Centre for Occupational Health and Safety can offer additional insight into workplace standards. Moreover, professional legal consultation firms, like Delta Law Office or Watson Goepel LLP, can provide personalized advice and assistance.
If you believe your employment rights have been violated or need legal assistance with hiring and firing, firstly confirm your concerns by comparing the situation to the rights and restrictions outlined in the ESA. Seek advice from the Employment Standards Branch or professional legal assistance and provide them with all necessary documentation and details about your case. Remember, every situation is unique, so securing personalized advice can lead to the best course of action.
