Difference between revisions of "I Have Been Dismissed (Fired) without Just Cause"
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* [[Law Students’ Legal Advice Program]] (see Chapter 6 of their Manual, “Employment Law”, for useful information on unjust dismissal). | * [[Law Students’ Legal Advice Program]] (see Chapter 6 of their Manual, “Employment Law”, for useful information on unjust dismissal). | ||
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] in Part 3 of this guide. Make sure you bring copies of all documents relating to your case. | Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] in Part 3 of this guide. Make sure you bring copies of all documents relating to your case. | ||
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Revision as of 17:12, 30 November 2011
Unless you are a member of a union, your employer may end your employment, even if you have done nothing wrong. However, they must give you either reasonable notice or payment instead of notice. If you are not provided with reasonable notice or payment, you are entitled to take your employer to court.
Contents
Minimum notice requirements[edit]
These are the minimum notice requirements if you are dismissed without just cause:
Provincially regulated employer[edit]
You are entitled to at least:
- one week's notice (or equivalent pay) after three consecutive months of employment;
- two weeks' notice (or equivalent pay) after 12 consecutive months of employment;
- three weeks' notice (or equivalent pay) after three consecutive years of employment plus an additional week's notice (or equivalent pay) for each additional consecutive year of employment to a maximum of eight weeks' notice (or equivalent pay).
Federally regulated employer[edit]
You are entitled to at least two weeks’ notice after three consecutive months of employment. You are entitled to severance pay after 12 consecutive months of employment.
Wrongful dismissal[edit]
If you have been dismissed without just cause, you may also sue your employer in court for wrongful dismissal.
First steps[edit]
- If you did not receive the notice or equivalent pay described above, follow the steps outlined in the previous section, “My employer isn't paying my wages”.
- Determine if you wish to sue your former employer in court. If so, see the section above of this guide entitled, “I need to take someone to court”.
OR
If your former employer is federally regulated (for example, a federal government ministry, Indian Band, bank or inter-provincial airline or railway), and you worked for 12 or more consecutive months, you may make a complaint to the Labour Program of Human Resources and Skills Development Canada ("HRSDC"). This complaint needs to be filed within 90 days after your dismissal or it could be turned down. See Human Resources and Skills Development Canada in the Resource Guide in Part 2.
What happens next[edit]
If you have chosen to sue your former employer, see the section Suing and Being Sued in this guide and the heading “I need to take someone to court”.
If you worked for a federally-regulated employer and have made a complaint to HRSDC, an investigator will see if there is a way of resolving it. If not, the investigator will provide you with information about requesting adjudication. HRSDC adjudicators can give remedies very similar to court. They can also order that you get your job back in appropriate cases.
Where to get help[edit]
See the Resource Guide in Part 2 of this guide for a list of helpful resources. Your best bets are:
- Human Resources and Skills Development Canada, for employees of a federally-regulated employer.
- Access Pro Bono, Lawyer Referral Service, Salvation Army Pro Bono Lawyer Consultation Program, Private Bar Lawyers.
- Law Students’ Legal Advice Program (see Chapter 6 of their Manual, “Employment Law”, for useful information on unjust dismissal).
Before meeting with a lawyer or advocate, complete the form Preparing for Your Interview in Part 3 of this guide. Make sure you bring copies of all documents relating to your case.
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This Guide explains the law and legal procedures in general. It is not intended to give legal advice on your particular legal problem, and should not be relied on for that purpose. Information in this Guide is accurate as at November 2012. Please note that fees and guidelines outlined in the Guide are subject to change. |