The common misconception about wrongful dismissal is that it happens when your employer terminates you without a good reason. In reality, wrongful dismissal occurs, not because the employee is terminated without cause, but because the termination occurred without any advanced notice. In non-unionized employment, an employer can terminate an employee with or without a valid […]
What does wrongful dismissal look like? Read More »
In a previous blog article, we set out the minimum amount non-unionized employees in BC are owed under the BC Employment Standards Act (the “ESA”) when their employment ends. It is important to remember that if you have been dismissed from your job, you may be entitled to more than just severance pay as outlined in the ESA.
What is Reasonable Notice? Read More »
Rising interest rates, inflation, and media buzz about an impending recession causes anxiety for a lot of employees – and not just those who have been let go. We wrote a piece recently about employers “quiet firing” employees. This is where employers start treating an employee badly with the hope that the employee will walk away from
What to do if you’re being “quiet fired” Read More »
Top six things to do if you’ve been fired or laid off In this blog article, we review six things you should do, from a legal perspective, if you’ve been fired or laid off. 1) Don’t sign anything before you talk to a lawyer, but get what you’re owed under employment standards legislation! Before you sign
Top six things to do if you’ve been fired or laid off Read More »
“Right to Disconnect Advisory Committee” is the latest reminder of the employment issues that can arise when employees work from home In October 2020, the “Right to Disconnect Advisory Committee” began meeting regularly. Its mission? To provide recommendations to Canada’s federal government on supporting their workers’ work-life balance and well-being. A briefing note on the issue on
The “right to disconnect?” Three important legal issues in work-from-home arrangements Read More »
What is the “duty to mitigate?” If you’re fired, and you’re thinking of suing, you have a legal obligation to look for a new job You’ve just been wrongfully terminated from your employment. While you may be experiencing a whole host of emotions right now, you need to be aware that you have a duty
What is the “duty to mitigate?” Read More »
If you are in a union, this question depends on the language of your collective agreement and we recommend that you contact your union representative. If you are not in a union, the Employment Standards Act only permits temporary layoffs in very limited circumstances. Economic Downturn & Temporary Layoffs During times of economic downturn, such as those
Can my employer lay me off? Read More »
In a previous blog, we discussed what options an employee has available to them if they are being harassed and bullied at work. One of the options we outlined there was for the employee to resign from their employment on the basis that they have been constructively dismissed. What does it mean to be “constructively dismissed?” If an
Have I been constructively dismissed? Read More »
BC’s Employment Standards Act (ESA) sets out the minimum amount non-unionized employees in BC must receive when their employment ends. This article sets out what these amounts are. It’s important to remember that if you’ve been fired, you could be owed more than just severance under the ESA that’s described below. You could also be entitled to something called
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