Employees in British Columbia must be treated fairly, during employment and upon termination of employment. Dealing with a wrongful termination lawsuit can be costly, and it is often preventable. Many employers seek legal counsel just before terminating employees. However, employers may be able to avoid difficult termination lawsuits by reaching out to legal counsel even earlier. When employees are hired, their employment contracts should detail the employment terms and clearly set out both parties' obligations arising upon 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 that wrongful termination occurs when when a person is fired without cause and either no severance pay is offered or the amount of severance pay is insufficient.
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. The details of imminent legislation to allow cannabis use will have to be carefully studied by employers to avoid the costs of such litigation.
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.
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" in the eyes of the law. As it turns out the difference between being an employee and being an independent contractor can be subtle. Those subtle differences may be very important should a wrongful termination suit hang in the balance.
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. That is what a local special effects artist thought he was being offered in a contract. When a three-month contract wrapped up two months early and allegedly without the promised work, the plaintiff chose to take his former employer to court, alleging wrongful termination.
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. One British Columbia woman took her fast food employer to court after he fired her for allegedly taking food without permission.
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. It is assumed and expected that at the end of the leave, a woman will have the right to return to her original position of employment. One woman in Ontario, however, is claiming that one of the country's largest sports conglomerates has denied her return to work, and now she is bringing a wrongful termination suit against her former employer.
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. However, what happens when the compensation offered is refused? Those are the circumstances of a wrongful termination suit that went before the courts in Vancouver recently.
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.