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Wrongful termination or wrongful dismissal refers to a situation where an employee's contract of employment has been terminated by the employer in a way that breaches one or more terms of the contract of employment. Under Canadian law, employers are expected to provide reasonable notice or pay in lieu of notice when terminating an employment contract. The concept of wrongful termination applies when these obligations are not met. While such rules are majorly governed by the federal law in Canada, local factors and judicial decisions in Burnaby, British Columbia, may influence their application.
A lawyer can be crucial in wrongful termination situations to help understand and uphold your rights. If you feel that you have not been treated fairly by your employer during the termination process, it is important to seek legal advice. Some common scenarios to consult a lawyer include situations when the termination was without reasonable notice or without cause, discrimination was involved, or if terms of your contract were violated during the process.
The rules governing wrongful termination in Burnaby fall under the broader Employment Standards Act of British Columbia. All employers in Burnaby are required to comply with this legislation. Apart from the requirement of notice of termination, the laws protect employees from dismissal based on race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, age, or criminal conviction related to employment.
A termination can be classified as wrongful if it violates the terms of the contract, if there isn't adequate notice given, or if it is discriminatory.
'Reasonable' notice can be different for each situation. Factors considered may include duration of service, age, type of job, and availability of similar employment.
Yes, if you have been dismissed from your job without a valid cause or without adequate notice, you have the right to sue your employer for wrongful termination.
The compensation varies case by case, but generally, employers should pay salary equalling to the notice period.
Yes. All employers, regardless of their size, must adhere to the provisions of the Employment Standards Act.
You can consult resources like the Employment Standards Branch of the BC Ministry of Labour, the Canadian Bar Association, and the Law Society of British Columbia to understand more about your legal rights. Various online resources, such as the Canada Legal Education Guide, can provide valuable insights.
If you believe you're a victim of wrongful termination, consult a lawyer immediately. Gather all employment documents, correspondences, and anything that can help your case. Contact the Employment Standards Branch to report your concerns. Remember to act promptly to ensure your rights are protected.
