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Difference between revisions of "If You Are Fired: Wrongful Dismissal"
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If You Are Fired: Wrongful Dismissal (view source)
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{{ | {{REVIEWEDPLS | reviewer = [https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards Jennifer Hagen], Employment Standards Branch|date= October 2017}} {{Dial-A-Law TOC|expanded = work}} | ||
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Generally, your employer can fire you whenever they want. But they need to give you notice, or pay you instead. Among the exceptions: if they fire you for “just cause”. | Generally, your employer can fire you whenever they want. But they need to give you notice, or pay you instead. Among the exceptions: if they fire you for “just cause”. | ||
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===Other laws apply if you quit or were laid off=== | ===Other laws apply if you quit or were laid off=== | ||
This information applies if you were '''fired''' (dismissed) from your job, not if you quit (voluntarily resigned). If you quit, see our information on [[ | This information applies if you were '''fired''' (dismissed) from your job, not if you quit (voluntarily resigned). If you quit, see our information on [[If You Quit Your Job (No. 280)|if you quit your job (no. 280)]]. If you’ve been temporarily let go from your work, see our information on [[Getting Temporarily Laid Off (No. 281)|getting temporarily laid off (no. 281)]]. | ||
===Your legal rights depend on the type of worker you are=== | ===Your legal rights depend on the type of worker you are=== | ||
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*your sexual identity, gender identity, or gender expression | *your sexual identity, gender identity, or gender expression | ||
If you’re let go, and you believe it’s for one of these reasons, you can start a claim with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal]. Another option is to start a claim for wrongful dismissal. We explain these options in our information on [[Protection Against Job Discrimination ( | If you’re let go, and you believe it’s for one of these reasons, you can start a claim with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal]. Another option is to start a claim for wrongful dismissal. We explain these options in our information on [[Protection Against Job Discrimination (No. 270)|protection against job discrimination (no. 270)]]. | ||
===If you’re fired and you’ve done nothing wrong=== | ===If you’re fired and you’ve done nothing wrong=== | ||
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Legally speaking, your employer doesn’t need to give a reason for firing you — unless they are firing you for just cause. But you should ask anyway. | Legally speaking, your employer doesn’t need to give a reason for firing you — unless they are firing you for just cause. But you should ask anyway. | ||
If they do give you a reason, this can help you decide what to do next. If you disagree with the reason, consider getting legal advice. If you don’t have a lawyer, there are options for [[Low Cost | If they do give you a reason, this can help you decide what to do next. If you disagree with the reason, consider getting legal advice. If you don’t have a lawyer, there are options for [[Free and Low-Cost Legal Help (No. 430)|free or low-cost legal help]]. | ||
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====Filing a claim with the Human Rights Tribunal==== | ====Filing a claim with the Human Rights Tribunal==== | ||
If your employer fired you for a reason that violates your human rights, you can file a claim with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal]. You may be able to recover any lost wages, or compensation for injury to your dignity or self-respect. See our information on [[Protection Against Job Discrimination ( | If your employer fired you for a reason that violates your human rights, you can file a claim with the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal]. You may be able to recover any lost wages, or compensation for injury to your dignity or self-respect. See our information on [[Protection Against Job Discrimination (No. 270)|protection against job discrimination (no. 270)]]. | ||
====Starting legal action against your employer==== | ====Starting legal action against your employer==== | ||
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:Web: [http://www.bchrt.bc.ca/ bchrt.bc.ca] | :Web: [http://www.bchrt.bc.ca/ bchrt.bc.ca] | ||
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