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Wrongful termination, also known as wrongful dismissal, revolves around an employer terminating an employee's contract of employment in a manner that breaches either one or more terms of the contract of employment, or a statute provision in employment law. In Vancouver, a dismissal may be considered 'wrongful' if it is done in a discriminatory manner, without proper notice, without just cause, or in retaliation for the employee pursuing their legal rights, among other reasons.
There are several reasons why you may need a lawyer when dealing with wrongful termination issues. This includes situations where you have been fired without just cause or notice, your employer fails to provide with severance pay, you were dismissed for discriminatory reasons, or your employer created a hostile work environment forcing you to quit. In such situations, a lawyer can help interpret the law, build a solid case to protect your rights, and negotiate settlements or represent you in court.
In Vancouver, key aspects of local laws related to wrongful termination include the Employment Standards Act (ESA) and the British Columbia Human Rights Code. The ESA sets out the minimum standards that apply in most workplaces in British Columbia and includes provisions related to termination notice and pay. The Human Rights Code prohibits dismissal on grounds of factors like race, religion, sexual orientation, age, among others. Note that these laws only set the minimum standards, and your contract of employment may provide greater rights.
The compensations you may receive include pay in lieu of notice, severance pay, or damages for breach of contract. The amount depends on various factors like length of service, nature of your job, etc.
In some cases, you may be able to sue your employer for constructive dismissal, which happens when the employer's conduct makes it impossible for you to continue working.
The time limit depends on the law under which you are filing the claim. Under the ESA, you generally have six months to file a complaint whereas civil claims generally have a two-year limitation period.
Wrongful termination occurs when an employer violates specific terms of the employment contract or employment standards regulations when dismissing an employee. This can include dismissing an employee without cause without providing appropriate notice or severance pay, or dismissing an employee due to discriminatory reasons.
No, in Vancouver, it is illegal to terminate an employee while they are on maternity or parental leave, unless the employer can show a justifiable reason unrelated to the leave.
You may find it useful to consult the Employment Standards Branch of British Columbia's Ministry of Labour, or the British Columbia Human Rights Tribunal. These organizations can provide further guidance and support on wrongful termination issues.
If you believe you have been wrongfully terminated, the first step is to consult with a legal expert specializing in employment law. They can help to evaluate your claim, decide on the best course of action, and represent you in negotiations or lawsuits. Make sure to keep a copy of all relevant documents for your case, such as employment contracts and correspondence with your employer.
