Termination without reasonable notice is commonly known as “wrongful dismissal”. If you feel you have been wrongfully dismissed from your job and are looking for compensation, a lawyer from Bell Jacoe & Company can provide you with the best way to proceed forward. We’ll work strongly on your behalf and advise you every step of the way to ensure the best legal option is taken.
The first step is to call us for a consultation. There are many situations where an employee can be wrongfully dismissed and sue for compensation, including discrimination or office harassment or being fired for filing an occupational health and safety claim.
Points to consider:
1. Paying workers late or withholding paychecks due to an employer’s financial difficulty is never acceptable, as it is a violation of the Employment Standards Act. This law mandates that employers must pay employees all wages owing on at least two occasions per month. If your employer is withholding your paycheck, you should take action to ensure that the Employment Standards Act is being followed and that you receive the wages you are owed.
2. Eligible part-time workers are entitled to overtime and statutory holiday pay.
3. Receiving a written warning from your employer doesn’t always foreshadow termination. Questions about job security and what qualifies as cause for dismissal should be discussed with an experienced lawyer who can better understand the specifics of your situation.
4. Upon dismissal, your employer must pay you the Employment Standards Act severance and your employer cannot demand a Release before paying your ESA severance. At this point, don’t sign anything. Seek legal advice if you wish to pursue a wrongful dismissal case.
5. Before you phone an employment lawyer, get your documents in order. Have copies ready of the employment contract you signed, documents relating to an allegation and paystubs.
There are many unique situations that can lead to employment litigation and every case is different. For updated information on the Employment Standards Act, click here.
Call us if you need assistance from a lawyer for wrongful dismissal, or severance mitigation.
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Thank you for your interest in the Law Firm of Bell Jacoe & Company. Based in Summerland BC, we have served the South Okanagan since 1990. Our experienced lawyers provide help with wrongful dismissal litigation, real estate, wills, powers of attorney, injury, divorce, general litigation, commercial law, and more.