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Difference between revisions of "I Have Been Dismissed (Fired) 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 <span class="noglossary">disability</span>, sex, sexual orientation, age or a criminal conviction, you can file a human rights complaint, and the BC or federal human rights tribunal could <span class="noglossary">order</span> that you be reinstated, along with lost pay. See "[[I am being discriminated against or sexually harassed]]" in this Guide.
*'''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 <span class="noglossary">disability</span>, sex, sexual orientation, age or a criminal conviction, you can file a human rights complaint, and the BC or federal human rights tribunal could <span class="noglossary">order</span> that you be reinstated, along with lost pay. See "[[I am being discriminated against or sexually harassed]]" in this Guide.
*'''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 workers' compensation (WorkSafeBC). WorkSafeBC can <span class="noglossary">order</span> 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.   
*'''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 workers' compensation (WorkSafeBC). WorkSafeBC can <span class="noglossary">order</span> 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 twelve (12) months or more, you can ask an adjudicator to <span class="noglossary">order</span> that you be reinstated, along with lost pay.  
*'''Federally regulated employees:''' If you have been fired after being employed in a federally regulated industry for twelve (12) months or more, you can ask an adjudicator for an <span class="noglossary">order</span> for lost pay and, if you wish, that you be reinstated.  


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 ''notice'' before your employment ends, or ''pay in lieu of notice''. The minimum notice requirements depend on whether your employer is federally or provincially regulated (for a <span class="noglossary">brief</span> explanation, see "[[My employer isn't paying my wages]]" in this Guide).   
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 ''notice'' before your employment ends, or ''pay in lieu of notice''. The minimum notice requirements depend on whether your employer is federally or provincially regulated (for a <span class="noglossary">brief</span> explanation, see "[[My employer isn't paying my wages]]" in this Guide).