Difference between revisions of "I Have Been Dismissed (Fired) without Just Cause"

From Clicklaw Wikibooks
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{{Template:Legal Help Guide TOC}}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.
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{{Template:Legal Help Guide TOC}}The general rule is that you can be dismissed (fired or laid off) even if you’ve done nothing wrong, and the law can’t require that you get your job back. There are exceptions, however: 
  
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== Minimum notice requirements ==
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Union members:  If you belong to a union, you should immediately ask your shop steward or other union representative to file a grievance on your behalf.  The arbitrator can order that you be reinstated, along with back pay and other remedies.
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These are the minimum notice requirements if you are dismissed without just cause:
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Human rights violations:  If you believe that you’ve been fired because of your race, political belief, religion, marital or family status, physical or mental disability, sex, sexual orientation, age or a criminal conviction, you can file a human rights complaint, and BC or federal human rights tribunal could order that you be reinstated, along with lost pay and other remedies.  See “Human Rights” in this Guide for further information.
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Health or safety complaints:  If you believe that you’ve been fired because you complained about a health or safety matter (relating to yourself or anyone else), you can file a “discrimination” complaint with the WCB (WorksafeBC).  The WCB can order that you be reinstated and receive back pay unless the employer can prove that your health and safety actions had nothing to do with your dismissal. 
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Federally regulated employees:  If you have been fired after being employed in a federally regulated industry for 12 months or more, you can ask an adjudicator appointed under Part 3 of the Canada Labour Code to order that you be reinstated, along with lost pay and other remedies. See below.
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If you don’t fall within one of these groups, you won’t be able to get your job back, but you are entitled to receive reasonable notice before your employment ends, or pay for the period of reasonable notice.  You can do this by filing an employment standards complaint and/or by suing your employer for wrongful dismissal in court. 
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Employment Standards Complaints
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As discussed regarding unpaid wages, you need to know whether your employer is federally or provincially regulated.  Each one has minimum notice requirements for workers who have been dismissed without just cause:
  
 
=== Provincially regulated employer ===
 
=== Provincially regulated employer ===
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* two weeks' notice (or equivalent pay) after 12 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).
 
* 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).
 +
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To seek pay in lieu of the required period of notice, contact the BC Employment Standards Branch.  The process is similar to the process for collecting unpaid wages. 
  
 
===Federally regulated employer  ===
 
===Federally regulated employer  ===
 
   
 
   
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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.   
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You are entitled to at least two weeks' notice or to two weeks of severance pay in lieu of notice once you have completed 3 consecutive months of employment. If you have worked 12 or more months, you can apply for an order that you be given your job back, along with all the pay you would have earned had you not been dismissed.  Arbitrators can award less than these amounts depending on the facts.  See below.
  
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=== Wrongful dismissal ===
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To seek severance pay or reinstatement from a federally regulated employer, follow the process described above for unpaid wages.  You must file your complaint within 90 days of the dismissal, so act quickly.
 +
 
 +
 
 +
=== Wrongful dismissal lawsuits ===
 
If you have been dismissed without just cause, you may also sue your employer in court for '''wrongful dismissal'''.  
 
If you have been dismissed without just cause, you may also sue your employer in court for '''wrongful dismissal'''.  
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== First steps ==
 
 
   
 
   
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# 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]]”.
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# See the section of this guide entitled, “[[I need to take someone to court]]”.<br><br> '''OR'''<br><br>
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# 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]]”.<br><br> '''OR'''<br><br>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 List of this Guide.
 
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== What happens next  ==
 
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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]]”.
 
  
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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 ==
 
== Where to get help ==

Revision as of 21:41, 16 January 2012

Legal Help Guide
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Legal Help for
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v • d • e

The general rule is that you can be dismissed (fired or laid off) even if you’ve done nothing wrong, and the law can’t require that you get your job back. There are exceptions, however:

Union members: If you belong to a union, you should immediately ask your shop steward or other union representative to file a grievance on your behalf. The arbitrator can order that you be reinstated, along with back pay and other remedies.

Human rights violations: If you believe that you’ve been fired because of your race, political belief, religion, marital or family status, physical or mental disability, sex, sexual orientation, age or a criminal conviction, you can file a human rights complaint, and BC or federal human rights tribunal could order that you be reinstated, along with lost pay and other remedies. See “Human Rights” in this Guide for further information.

Health or safety complaints: If you believe that you’ve been fired because you complained about a health or safety matter (relating to yourself or anyone else), you can file a “discrimination” complaint with the WCB (WorksafeBC). The WCB can order that you be reinstated and receive back pay unless the employer can prove that your health and safety actions had nothing to do with your dismissal.

Federally regulated employees: If you have been fired after being employed in a federally regulated industry for 12 months or more, you can ask an adjudicator appointed under Part 3 of the Canada Labour Code to order that you be reinstated, along with lost pay and other remedies. See below.

If you don’t fall within one of these groups, you won’t be able to get your job back, but you are entitled to receive reasonable notice before your employment ends, or pay for the period of reasonable notice. You can do this by filing an employment standards complaint and/or by suing your employer for wrongful dismissal in court.

Employment Standards Complaints

As discussed regarding unpaid wages, you need to know whether your employer is federally or provincially regulated. Each one has minimum notice requirements for workers who have been 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).

To seek pay in lieu of the required period of notice, contact the BC Employment Standards Branch. The process is similar to the process for collecting unpaid wages.

Federally regulated employer[edit]

You are entitled to at least two weeks' notice or to two weeks of severance pay in lieu of notice once you have completed 3 consecutive months of employment. If you have worked 12 or more months, you can apply for an order that you be given your job back, along with all the pay you would have earned had you not been dismissed. Arbitrators can award less than these amounts depending on the facts. See below.

To seek severance pay or reinstatement from a federally regulated employer, follow the process described above for unpaid wages. You must file your complaint within 90 days of the dismissal, so act quickly.


Wrongful dismissal lawsuits[edit]

If you have been dismissed without just cause, you may also sue your employer in court for wrongful dismissal.

  1. See the section of this guide entitled, “I need to take someone to court”.

    OR


Where to get help[edit]

See the Resource List in this Guide for a list of helpful resources. Your best bets are:

Before meeting with a lawyer or advocate, complete the form Preparing for Your Interview included in this Guide. Make sure you bring copies of all documents relating to your case.


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.


v • d • e
 
Common Legal Problems

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

In law, a legal incapacity to do certain things, like enter into a contract or start a court proceeding. Legal disabilities include insanity and being under the age of majority. See "age of majority."

In law, (2) a lawsuit, an action, or a cause of action, or (2) the wrongful act of another which gives rise to a claim for relief. See "action" and "cause of action."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

A mandatory direction of an arbitrator, binding and enforceable upon the parties to an arbitration proceeding, made following the hearing of the arbitration trial proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to challenge or appeal the award in court. See "appeal," "arbitration," and "family law arbitrator."

(1) Intentionally doing a thing, or (2) a law passed by a government, also called "legislation" or a "statute." See "regulations."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

(1) A lawyer or a person other than a lawyer who helps clients with legal issues, or (2) to argue a position on behalf of someone.

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

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