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Difference between revisions of "I Have Been Dismissed (Fired) without Just Cause"
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I Have Been Dismissed (Fired) without Just Cause (view source)
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If your employer is ''provincially regulated'', you are entitled to at least: | If your employer is ''provincially regulated'', you are entitled to at least: | ||
*One week's notice (or equivalent pay) after three consecutive months of employment. | *One (1) week's notice (or equivalent pay) after three (3) consecutive months of employment. | ||
*Two weeks' notice (or equivalent pay) after 12 consecutive months of employment. | *Two (2) weeks' notice (or equivalent pay) after twelve (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 (3) weeks' notice (or equivalent pay) after three (3) 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 (8) weeks' notice (or equivalent pay). | ||
If your employer is ''federally regulated'', you are entitled to at least two weeks' notice or two weeks of severance pay in lieu of notice once you have completed three consecutive months of employment. | If your employer is ''federally regulated'', you are entitled to at least two (2) weeks' notice or two (2) weeks of severance pay in lieu of notice once you have completed three (3) consecutive months of employment. | ||
In addition to your entitlement to minimum notice (or pay in lieu of notice), you may also be entitled to common law reasonable notice (or pay in lieu of notice). This additional entitlement may be significantly more than the minimum amounts. The additional common law reasonable notice may also require you to take steps to "mitigate" your loss of income and benefits. This means that, after your employment ends, you may have a legal obligation to take reasonable steps to find new employment. A failure to mitigate may affect your entitlement to the amount of common law reasonable notice. | In addition to your entitlement to minimum notice (or pay in lieu of notice), you may also be entitled to common law reasonable notice (or pay in lieu of notice). This additional entitlement may be significantly more than the minimum amounts. The additional common law reasonable notice may also require you to take steps to "mitigate" your loss of income and benefits. This means that, after your employment ends, you may have a legal obligation to take reasonable steps to find new employment. A failure to mitigate may affect your entitlement to the amount of common law reasonable notice. | ||
If you have not been explicitly dismissed ( | If you have not been explicitly dismissed (fired), but your employer has taken action to demonstrate that it no longer wishes to continue your employment, this may be a constructive dismissal. Since you have not been formally dismissed, the employer's action is referred to as a "constructive" dismissal. If you can prove that you have been constructively dismissed, you may be entitled to the minimum notice entitlement and common law reasonable notice. | ||
==First steps== | ==First steps== | ||
