Navigating the end of employment

The end of an employment relationship, whether by resignation or termination, can be more complicated than people might realize. For employers and employees in British Columbia, it's crucial to recognize the situations that could give rise to legal challenges as well as the ways parties can avoid them. A resignation must be clear an unequivocal, and is initiated by the employee. A termination of employment triggers severance pay requirements and arises when the employer ends the employment relationship.

Read More

What is a 'failure to mitigate' in wrongful dismissal actions?

Losing your job unexpectedly can be incredibly upsetting. You can feel angry, confused and lost. However, what you do or don't do in the days and weeks following a termination can be incredibly important if you decide to pursue legal action citing wrongful dismissal. For instance, any damages you might receive could be reduced if there is evidence that you failed to mitigate your losses.

Read More

Wrongful Termination as a Breach of Contract

Wrongful termination claims -- also known as wrongful dismissal claims -- can arise in various ways. However, at their core, wrongful termination claims arises from a Breach of Contract. The employer-employee relationship begins when both parties make promises to one another by signing of a contract. If the employer breaks those promises, there is a breach of contract and the employee may be entitled to file a common law claim for wrongful dismissal.

Read More

Are B.C. employees legally protected from negative references?

Many employers and workers alike have been told at one time or another that negative references could be considered defamatory and result in legal action. Generally speaking, Canadian employers are protected from such action to the extent that any such negative reference is made in good faith. This is different than the reality in the United States, where suing for negative references is appropriate for a defamation case.

Read More

Should your mental health issues cause you concern at work?

Everyone feels a little blue from time to time. But when depression or any mental illness becomes pervasive, it might interfere with every facet of life, which may include an individual's job duties. Everyone feels a little blue from time to time. But when depression or any mental illness becomes pervasive, it might interfere with every facet of life, which may include an individual's job duties.

Read More

Wrongful termination: Will deregulation of marijuana be an issue?

With the talks of marijuana being further deregulated by the government, it will be more accessible to employees, and it might soon be an issue in British Columbia workplaces. Cannabis is consumed in different manners (including in the form known as marijuana), and how employers manage cannabis use by employees may determine whether they will face wrongful termination lawsuits.

Read More