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Wrongful termination, also often referred to as wrongful dismissal, occurs when an employee is terminated from their job in a way that breaches one or more terms of the contract of employment, or a statute provision in employment law. In Langley, Canada, like rest of the nation, the termination is considered wrongful if the dismissal is carried out without a sufficient notice or compensation. For instance, if an employee is dismissed due to discrimination, whistleblowing, in retaliation or without cause, it might constitute wrongful termination.
It's critical to consult a lawyer if you believe you have been unjustly dismissed. They can investigate your case and determine whether your rights were violated during your termination. Common situations that necessitate legal help include discriminatory firing based on race, color, sex, religion, nationality, disability, age or sexual orientation; wrongful firing in retaliation for filing a complaint for harassment or discrimination; and termination in violation of oral or written employment agreements or labor laws.
In Langley, as per the Employment Standards Act of British Columbia, an employer must provide an employee with written notice or pay in lieu of notice when terminating their employment unless the employee has been guilty of serious misconduct, refused reasonable alternative employment or has been employed less than three months. Notice period or payment varies depending on the length of service.
'Termination without cause' refers to a situation where an employer ends the contract of an employee without specifying any reason. In most cases, employers do this to avoid legal complications.
Yes, you can claim for wrongful termination even if you have not completed a year. The length of your tenure does not affect your rights in claiming wrongful termination.
Yes. Constructive dismissal, which occurs when an employee resigns due to an intolerable work environment created by the employer, can also be considered as wrongful termination.
Yes, if you can establish that your termination was unlawful, you might be eligible to seek damages in a court of law.
Yes, an employer can retract a termination, but it's always advisable to consult with an experienced employment litigator before making any decision in such a situation.
Some reliable resources include the Canada Labour Code, the British Columbia Employment Standards Act, and the British Columbia Human Rights Code. Governmental bodies such as the Employment Standards Branch and the Canadian Human Rights Commission may also offer assistance.
If you believe you are the victim of wrongful termination, your first step should be to consult with an experienced employment lawyer. Following their advice, you might need to lodge a formal complaint with the appropriate bodies such as the Employment Standards Branch or the Human Rights Tribunal. It's essential to act promptly as there are time limitations for such claims.
