Employee dismissal claims can be complicated. Below are answers to commonly asked questions. For skilled, experienced advice on your particular employee dismissal claim, please call our office in British Columbia, Canada, at (250) 352-3321, or call toll free
at 1-800-579-5338, to arrange an appointment.
1. I think the writing is on the wall. What should I do if I think I am about to be fired or laid off?
First, consult with a lawyer experienced in wrongful dismissal law. If you have been incorrectly accused of misconduct, it may be advisable to dispute this accusation before you are asked to leave. If you are laid off for reasons not relating to your performance, a lawyer can advise you of your rights and help you determine the best way to manage the situation.
2. Am I entitled to collect Employment Insurance if I am suing for wrongful dismissal? In most instances you can collect Employment Insurance during a wrongful dismissal court action. You may have to pay some of your benefits back when you settle the case or obtain judgment, but the length of time you are entitled to Employment Insurance is usually extended.
3. My employer has told me that he has to change my working conditions or reduce my salary. Is that a type of wrongful dismissal? In most circumstances a unilateral change in the working conditions or salary amounts to a form of wrongful dismissal known as constructive dismissal. Such conduct could be grounds for you to quit your job and sue for damages.
4. My employer has terminated my employment and offered me a severance package that is more than the amount required under the Employment Standards Act. Should I take this amount?
The amount set out in the Employment Standards Act is a bare minimum. In most circumstances, you would be entitled to more. There are many factors to consider in determining the appropriate amount in your wrongful dismissal situation. A lawyer knowledgeable in wrongful dismissal can advise you whether the amount offered is fair and reasonable.
5. I was required to enter into a written contract limiting the amount my employer has to pay me if I am let go for no reason. Is this enforceable? It may not be, especially if it was entered into after you accepted the position or after you started work. A lawyer knowledgeable about wrongful dismissal law can help determine this after fully reviewing all the facts of the case.
6. My employer terminated my employment in a humiliating and embarrassing manner. Do I have any recourse? Such a dismissal may be wrongful and entitle you to increased damages and even a claim for aggravated or punitive damages.
7. Can I be fired or laid off while I’m on sick leave or stress leave? Terminating your employment in this situation may be a wrongful dismissal entitling you to damages.
8. I have been let go but the situation is so difficult I don’t feel I can work, even if I found another job. What should I do? You should see your doctor for a diagnosis, and should follow the doctor’s reasonable recommendations regarding looking for work. If your former employer has a group disability insurance policy or you have a private policy, you should apply for disability insurance even after you have been let go. If you or your employer do not have a disability insurance policy, then you should seek sick benefits from Employment Insurance until you are able to work again.
9. If I am in a wrongful dismissal action, do I have to wait for it to resolve before looking for work? You should look for work as soon as you are able. The courts have held that if you are dismissed, you have an obligation to look for work and accept a job if it is comparable to your last employment. However, the pay from a new job may offset in some manner the amount you’re entitled to receive in a wrongful dismissal action.
If you have been fired or laid off, or are about to be, we can help determine if you are entitled to compensation for wrongful dismissal, and the proper legal steps to take to recover it. Please call us at 250-352-3321 or toll free at 1-800-579-5338 to speak to Terry Napora. We look forward to helping you.
