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The law of wrongful termination in Richmond, and broader Canada, exists to protect employees from unjust dismissal. An employee is considered to be wrongfully terminated if they have been fired in violation of an employment contract, without reference to agreed, written terms, or in breach of employment law. Wrongful termination could occur when termination happens as a response to an employee’s complaint, whistle-blowing, or because of discrimination.
A lawyer specializing in wrongful termination cases can guide you through your rights and strategies for your case. Conflicts in areas such as compensation, allegations of misconduct, or disagreement over contract terms highlight situations where legal advice can be vital. It is also useful to seek a lawyer if you believe you have been subjected to wrongful dismissal because of discrimination regarding your race, gender, age, religious beliefs, etc.
According to the Employment Standards Act of British Columbia, an employer needs to give written notification, pay an amount in lieu of notice, or a combination of both when terminating an employee. The exact notice or pay depends on the length of employment. If you believe your termination violated these terms, or if it was due to discriminatory practices prohibited by the Canadian Human Rights Act, you might have a wrongful termination case.
Wrongful termination can occur due to breaching of an employment contract, unlawful discrimination, or dismissal as retaliation against an employee’s protected activities.
Once a release or termination agreement has been signed, it becomes challenging to file a wrongful termination case. These terminations generally involve financial compensation in lieu of legal rights and potential claims.
Remedies can include reinstatement of job, back pay, promotion, reasonable accommodations, and damages for distress. Legal costs can also be sought.
Yes, generally, a claim must be filed within two years of dismissal.
Unfair dismissal is a term defined by the Employment Standards Act referring to termination without appropriate notice or pay in lieu, while wrongful termination usually refers to breaches of contract or human rights.
The Employment Standards Branch of British Columbia Government, the Canadian Human Rights Commission (CHRC), and the Canadian Labour Code are reliable sources of information on labor rights and regulations. Many law firms offer free initial consultations and there are also nonprofits providing legal aid and advice on labor rights.
If you feel you have been wrongfully terminated, the first step is to contact an experienced labor/employment lawyer. Discuss your situation in detail, provide any supporting documents you may have, and get expert advice on how to proceed.
