What Is Wrongful Dismissal in BC?
Wrongful dismissal is a growing concern in the modern world. It happens when an employee is terminated by their employer without sufficient cause, notice or compensation in lieu of notice.
A general misunderstanding of the law is that employers have to have a good reason to terminate an employment contract. This is not actually the case. An employee can lose their job for nearly any reason, often for things outside of their control, as long as appropriate notice is given.
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There are generally 3 types of wrongful dismissals:
The Employee is fired or terminated from employment without clear cause, and there is no appropriate compensation provided in lieu of notice.
The employee is fired or terminated from employment allegedly for cause, when in fact the reason given does not meet the legal threshold to justify the termination..
The employer changes the nature of the employee’s job, including changes to compensation, responsibility or even schedule.
What Can You Do If You Have Been Wrongfully Dismissed?
It is a good idea not to sign anything abruptly when faced with a dismissal. The best place to start is to consult a good employment or wrongful dismissal lawyer like Fabris McIver Hornquist & Radcliffe. Though you may feel pressured to take an offer, an employer can’t force you to accept a severance agreement in BC. In fact, you have up to 2 years to determine if the offer is acceptable. A deadline cannot be imposed by the employer on an employee.
I Am An Employer Needing To Dismiss An Employee, What Should I Do?
We recommend that you consult with the Fabris legal team here at Fabris, McIver, Hornquist & Radcliffe. We can help you make the correct choices to meet the legal requirements.