The obligation of an employer to an employee includes meeting legal requirements when the employment relationship comes to an end or changes significantly. When those requirements are not met, legal action is possible.
PLLR Lawyers's Richmond lawyers handle wrongful dismissal claims on behalf of employers and employees. The firm's business counsel obtain effective resolution to each employment dispute.
Issues In Wrongful Dismissal Claims
An employee has rights pursuant to the individual's contract of employment or under the Employment Standards Act. Among the issues that commonly arise in a legal action for wrongful dismissal are:
- Cause for dismissal: Obligations on the employer are reduced if the dismissal is for just cause. A variety of employee actions can constitute just cause, such as stealing from the employer or insubordination.
- Notice period and severance: Employers are generally required to provide employees with notice of a termination, or pay in lieu of notice. The amount of pay or notice will depend on the terms of the employment contract and the provisions of the Employment Standards Act.
- Mitigation: An employee is required to begin looking for another job upon termination and otherwise mitigate the losses suffered as a result of the firing. The steps taken by the employee will be a factor in any legal dispute.
- Constructive dismissal: In cases of constructive dismissal, an employee may have been forced to quit, or had no reasonable option but to resign. This is also actionable under the law. Constructive dismissal may include significant changes in an employee's pay, job duties or job title without the employee's consent.
If the termination was based on an individual's race, gender, ethnicity or similar grounds, an employee may also launch a human rights code complaint.
Employment Termination Lawyers In Vancouver
PLLR Lawyers is an established Richmond law firm that has provided decades of legal service to clients throughout its more than 40-year history. The firm is a trusted source of advice and legal representation to employers and employees alike.
If you seek advice on whether your dismissal was unlawful or if you are an employer engaged in a termination dispute, contact the firm for a consultation. Our office number is 604-243-8912 in the Lower Mainland and 800-733-8716 toll free. You can also contact the firm online.