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Difference between revisions of "If You Quit Your Job"
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{{Dial-A-Law TOC|expanded = employment}} | {{Dial-A-Law TOC|expanded = employment}} | ||
This script describes your rights under the BC ''Employment Standards Act'' (the Act) if your job ends, including when you quit, are fired, or laid off. The Act is available at [http://www.bclaws.ca www.bclaws.ca]. Further, you may have other rights under your employment contract and they may be greater than your rights under the Act. Generally, your contractual rights cannot be less than the minimum protections under the Act. Some of your rights under the Act, such as the right to overtime pay, may not be available under your employment contract. Check script [[If You're Fired - Wrongful Dismissal (Script 241)|241]], called “If You're Fired - Wrongful Dismissal”. It explains that if you’re fired, you may be able to sue your employer in court for breach of contract. Doing so can be instead of, or, in some cases in addition to, seeking the minimum protections in the Act, though you cannot always pursue both and instead must choose one or the other. Choosing which is best in your circumstances can be complicated and you should get legal advice about your case before deciding what to do. | This script describes your rights under the BC ''Employment Standards Act'' (the Act) if your job ends, including when you quit, are fired, or laid off. The Act is available at [http://www.bclaws.ca www.bclaws.ca]. Further, you may have other rights under your employment contract and they may be greater than your rights under the Act. Generally, your contractual rights cannot be less than the minimum protections under the Act. Some of your rights under the Act, such as the right to overtime pay, may not be available under your employment contract. Check script [[If You're Fired - Wrongful Dismissal (Script 241)|241]], called “If You're Fired - Wrongful Dismissal”. It explains that if you’re fired, you may be able to sue your employer in court for breach of contract. Doing so can be instead of, or, in some cases in addition to, seeking the minimum protections in the Act, though you cannot always pursue both and instead must choose one or the other. Choosing which is best in your circumstances can be complicated and you should get legal advice about your case before deciding what to do. | ||
'''Time limit for filing a claim under the Act and for suing''' | |||
There is a short time limit to file a claim under the Act—just 6 months from when you were terminated. The time limit to sue is 2 years from when you were terminated. | |||
==Were you an employee? Were you in a union?== | ==Were you an employee? Were you in a union?== | ||
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If you’re fired or lose your job in some other way and don’t get written notice or compensation for length of service, the Employment Standards Branch can help you recover compensation and any other unpaid wages owing to you. You can call the information line (1.800.663.3316) or go to the website ([http://www.labour.gov.bc.ca/esb www.labour.gov.bc.ca/esb]) to find out if you have a right to compensation, and if so, how much. (The Employment Standards Branch has facts sheets on termination, just cause, and many related topics.) | If you’re fired or lose your job in some other way and don’t get written notice or compensation for length of service, the Employment Standards Branch can help you recover compensation and any other unpaid wages owing to you. You can call the information line (1.800.663.3316) or go to the website ([http://www.labour.gov.bc.ca/esb www.labour.gov.bc.ca/esb]) to find out if you have a right to compensation, and if so, how much. (The Employment Standards Branch has facts sheets on termination, just cause, and many related topics.) | ||
You will then probably have to ask for payment from your employer through a Self-Help Kit, though there are some exceptions to this. If your employer fails to pay after you have made a request, you can make a written complaint to the Employment Standards Branch online, in person, or by mail. | You will then probably have to ask for payment from your employer through a Self-Help Kit, though there are some exceptions to this. If your employer fails to pay after you have made a request, you can make a written complaint to the Employment Standards Branch online, in person, or by mail. There is a short time limit to do this: just 6 months from when you were terminated. | ||
Also, you may be able to sue for breach of contract and potentially obtain more than the minimum you are entitled to under the Act. Check script [[If You're Fired - Wrongful Dismissal (Script 241)|241]], called “If You're Fired - Wrongful Dismissal” for more information on this process. You may need legal advice about whether to complain to the Employment Standards Branch or sue for breach of contract, or do both, though doing both may not be possible. It is therefore important that you get legal advice before accepting severance or a termination package from your employer. | Also, you may be able to sue for breach of contract and potentially obtain more than the minimum you are entitled to under the Act. Check script [[If You're Fired - Wrongful Dismissal (Script 241)|241]], called “If You're Fired - Wrongful Dismissal” for more information on this process. The time limit to do this is 2 years from when you were terminated. You may need legal advice about whether to complain to the Employment Standards Branch or sue for breach of contract, or do both, though doing both may not be possible. It is therefore important that you get legal advice before accepting severance or a termination package from your employer. | ||
If you think you were fired because of your age, gender, religion, or some other personal characteristic, you may have a separate claim under human rights law. For more information on human rights claims, contact the BC Human Rights Tribunal at 604.775.2000 in Vancouver and 1.888.440.8844 elsewhere in BC or visit [http://www.bchrt.bc.ca www.bchrt.bc.ca]. Further, if you worked for the federal government or in an industry regulated by the federal government, including banks and airlines, you can contact the Canadian Human Rights Commission at 604.666.2251 in Vancouver and 1.800.999.6899 elsewhere in BC. See its website, at [http://www.chrc-ccdp.ca www.chrc-ccdp.ca], for more information. As well, check script [[Protection Against Job Discrimination (Script 270)|270]], called “Protection against Job Discrimination” and script [[Human Rights and Discrimination Protection (Script 236)|236]], called “Human Rights and Discrimination Protection”. | If you think you were fired because of your age, gender, religion, or some other personal characteristic, you may have a separate claim under human rights law. For more information on human rights claims, contact the BC Human Rights Tribunal at 604.775.2000 in Vancouver and 1.888.440.8844 elsewhere in BC or visit [http://www.bchrt.bc.ca www.bchrt.bc.ca]. Further, if you worked for the federal government or in an industry regulated by the federal government, including banks and airlines, you can contact the Canadian Human Rights Commission at 604.666.2251 in Vancouver and 1.800.999.6899 elsewhere in BC. See its website, at [http://www.chrc-ccdp.ca www.chrc-ccdp.ca], for more information. As well, check script [[Protection Against Job Discrimination (Script 270)|270]], called “Protection against Job Discrimination” and script [[Human Rights and Discrimination Protection (Script 236)|236]], called “Human Rights and Discrimination Protection”. | ||
