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

* '''Union members:''' If you belong to a union, your union representatives can file a grievance on your behalf. The arbitrator can order that you be reinstated, along with back pay.  

* '''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 the BC or federal human rights tribunal could order 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 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 to order that you be reinstated, along with lost pay.  

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'''. The minimum notice requirements depend on whether your employer is federally or provincially regulated (for a brief explanation, see "[[My employer isn't paying my wages]]" in this Guide).   

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.  

* 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).

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.  

# Follow the steps outlined above in "[[My employer isn't paying my wages]]" to file an employment standards complaint. The steps will vary depending on whether your employer is federally or provincially regulated. If your employer is federally regulated, you must file your complaint within 90 days of the dismissal, so act quickly.

# If you have been dismissed without just cause, you may also sue your employer in court for '''wrongful dismissal'''. See "[[I need to take someone to court—what's the process?|I need to take someone to court]]" in this Guide. A judge may order your employer to pay you more money that the provincially or federally regulated minimums described above.

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

* [[Employment Standards Branch of BC]] if your employer is provincially regulated, and [[Employment Standards (Canada)]] if your employer is federally regulated.   

* [[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers]].  

* The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1074 I’ve been dismissed (fired) without just cause]"  

{{Template:Legal Help Guide Disclaimer}}