Wrongful Dismissal Lawyer in Vancouver

Protecting Employees Legal Rights

If you have been terminated from your job, you are most likely feeling overwhelmed by what you should do next. Employers in British Columbia can terminate employees for just cause or without cause. If an employer terminates you for just cause, they feel they have reasonable grounds to end your employment. However, if you were terminated without cause, an employer does not have to provide a specific reason.

An unexpected termination can be devastating. However, in some situations, employers only sometimes follow employment law. For example, if you are terminated “without cause,” the employer must give you reasonable notice that your employment will end.

Furthermore, employment law also states that an employer must have valid reasons to terminate an employee for cause. If the employer cannot provide a credible reason for the termination, a court could award you damages.

If you have grounds to pursue a claim, contact our law firm and ask to schedule an appointment with our experienced employment lawyer, who can review your case and determine what legal options are available.

What is Considered Wrongful Dismissal In Vancouver?

Understanding what constitutes wrongful dismissals can be challenging due to the intricacies involved with the Employment Standards Act. One of the most common misconceptions is that when an employee has been wrongfully dismissed, they were terminated for the “wrong reason.”

However, wrongful dismissal means that the employee was terminated without being provided reasonable notice.

For example, wrongful dismissal occurs when employers terminate their employees without giving them a sufficient notice period or severance pay or cannot cite a credible reason for termination.

Nevertheless, under employment law, if employees conduct themselves in a manner that is harmful to the workplace, employers may be able to dismiss them for just cause.

However, most employers should provide those employees who have been terminated with written notice as specified in the employment contract. Typically, most workplaces will cite one of the following references:

  • A specific reference to employment law as described in the Employment Standards Act.
  • Some other form of reasonable notice.
  • Legal references to similar employment cases.

When employers fail to provide reasonable notice, severance pay, or both, the terminated employee may have a strong case for wrongful dismissal.

If you have been wrongfully dismissed, you may still have the right to receive the compensation you deserve. Contact Labour Rights Law of Vancouver and ask to schedule a meeting with our wrongful dismissal lawyer, who can thoroughly review your case.

Can Your Law Firm Help Me With a Constructive Dismissal Case?

Many British Columbia citizens need clarification about wrongful and constructive dismissal. Wrongful dismissal involves an employer making a clear-cut decision to end the employment relationship, whereas constructive dismissal can be more challenging to prove.

In a constructive dismissal claim, the employee must show their employer intended to end the relationship by alternative means violating the employee’s rights. Some examples include:

  • Placing the employee on unpaid leave.
  • Forcing employees into poor working conditions.
  • Unwarranted disciplinary actions
  • Sexual harassment
  • Discrimination
  • Retaliation for filing human rights complaints
  • Reducing, adding more shift hours, or changing an employee’s schedule to make it more challenging to complete their job.

The premise of constructive dismissal is to try and get the employee to quit their job without dismissing them and potentially having to pay them a severance package. However, constructive dismissal claims can often be challenging to prove. Therefore, the first step is to speak with an experienced lawyer from Labour Rights Law who can explain your employment rights.

How Long is the Notice Period Under British Columbia Employment Law?

If an employer wishes to terminate an employee, they must provide written notice to the employee. However, employment law states that the longer a person has been employed with the company, the longer the notice period. Be that as it may, if an employee agrees to accept severance pay, they may be terminated immediately and are not entitled to the notice period.

Some common examples of severance pay packages include:

  • If an employee has worked 90 days, the employer must give them a one-week notice period.
  • After 12 consecutive months of employment, an employer must give the employee two weeks’ notice.
  • After three years of consecutive employment, an employer must give the employee three weeks’ notice.
  • Finally, employees who have worked for at least four consecutive years, up to 8 years maximum, must be provided with an additional one week’s notice.

It is essential to remember that all wrongful dismissal claims differ depending on the circumstances. However, Labour Rights Law is passionately committed to helping you receive the compensation you deserve.

What Makes Your Wrongful Dismissal Lawyer the Best Choice to Handle My Case?

One of the unique aspects that sets Labour Right Law apart from other wrongful dismissal lawyers is our ability to get results for our clients. If you have been wrongfully terminated, we may be able to help you recover severance pay.

British Columbia has employment laws stipulating how much severance pay terminated employees may receive. Nearly all employees who have served with an employer for longer than three months and who have been terminated without reasonable notice are entitled to some form of severance pay.

Some of the factors taken into account when determining severance packages may include:

  • If the case is based on common law or the Employment Standards Act.
  • The employee’s job
  • The employee’s age
  • The employee’s length of service

We can review your case and determine the correct amount of severance pay you should receive based on your time with your former employer.

However, there is a two-year time limit for wrongful dismissal claims from the date of dismissal, so it is vital that you seek legal help immediately for your claim.

If you have questions about wrongful dismissal, contact Labour Rights Law of Vancouver at 604-245-3169 to get the advice you need and to see if we can help you get the compensation you deserve.