Filters
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.
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.
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.
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.
Wrongful Dismissal Pursuant to the Canada Labour Code
Federally regulated employees are subject to the terms of the Canada Labour Code. The Canada Labour Code's provisions for addressing alleged wrongful dismissal are unique.
Wrongful Dismissal can be a confusing term
Employees in Vancouver who were dismissed might be unsure about their legal rights. Confusion about the term wrongful termination or dismissal exists in British Columbia and across Canada. Before taking steps against an employer, the employee should understand what the term means.
What does wrongful termination really mean?
It is not uncommon for employees in British Columbia who lost their jobs to feel that they were unjustly dismissed. However, the term wrongful termination (also known as wrongful dismissal), in law, applies to certain specific situations.
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.
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.
Wrongful termination: What is just cause?
When an employee in British Columbia loses his or her job through dismissal, the worker may have several questions. These can be related to the employer's right to fire the person and whether there was just cause for the dismissal. The employee may also have questions about his or her rights to sue for wrongful termination.
Wrongful termination and the independent contractor
Understanding British Columbia labour and employment law can be a complicated matter. For example, individuals may find it surprisingly difficult to ascertain whether one is an "employee"…
Special FX artist sues for wrongful termination after firing
The film industry is a major employer in British Columbia. A job working on a feature film is a highly sought-after position, and the opportunity to work on a potential blockbuster is of even greater appeal.
Fast food employee claims wrongful termination after taking food
The law is meant to protect all people from all walks of life. In the area of employment law, one does not need to be a corporate executive to file a wrongful termination lawsuit…
Wrongful termination claimed after return from maternity leave
One of the privileges of being a working woman in British Columbia is having the option to take leave to give birth and begin raising a baby…
Former director sues university for wrongful termination
If an employee and his or her employer enter into an agreement, both parties expect the other to uphold their end of the contract. Should either side fall short, the wronged party will naturally expect compensation for the breach.
BC Ferries steward claims wrongful termination
Being dismissed from a job is usually a difficult pill to swallow, but summary dismissal from a position of tenure can be personally and financially devastating…
Wrongful termination claimed in Evergreen Line layoff
Employees and employers rely upon each other to get a job done. Sometimes when the two parties do not see eye to eye on an issue, that relationship can be strained…
Kamloops mine boss claims wrongful termination
A person takes a leap of faith when he or she accepts a new job in a new country. Similarly, a company that hires a worker from outside of Canada may be embarking into new territory…
Media employer answers executive's wrongful dismissal lawsuit
Last week, we discussed a recent wrongful dismissal claim filed in British Columbia Supreme Court by the former executive of a Vancouver-based social media company.
BC executive files wrongful dismissal lawsuit
Business In Vancouver is reporting that a former member of executive leadership in a Vancouver social media company has filed a lawsuit against his former employer for wrongful dismissal.