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...
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Wrongful Termination
What is a ‘failure to mitigate’ in wrongful dismissal actions?
On Behalf of Overholt Law LLP | Apr 11, 2023 | Wrongful Termination
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....
Wrongful Termination as a Breach of Contract
On Behalf of Overholt Law LLP | Aug 8, 2022 | Wrongful Termination
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...
Are B.C. employees legally protected from negative references?
On Behalf of Overholt Law LLP | Jun 13, 2022 | Wrongful Termination
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...
Wrongful Dismissal Pursuant to the Canada Labour Code
On Behalf of Overholt Law LLP | Jan 21, 2022 | Wrongful Termination
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. Section 240(1) of the Canada Labour Code provides that a person who has been dismissed and...
Wrongful Dismissal can be a confusing term
by carmanoverholt | Feb 16, 2021 | Wrongful Termination
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...
What does wrongful termination really mean?
On Behalf of Overholt Law LLP | Apr 30, 2019 | Wrongful Termination
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. The simple explanation is...
Should your mental health issues cause you concern at work?
On Behalf of Overholt Law LLP | Nov 2, 2017 | Blog, Wrongful Termination
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.Unfortunately, there is still a stigma attached to mental health...
Wrongful termination: Will deregulation of marijuana be an issue?
On Behalf of Overholt Law LLP | Oct 18, 2017 | Wrongful Termination
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...
Wrongful termination: What is just cause?
On Behalf of Overholt Law LLP | Sep 7, 2017 | Wrongful Termination
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...