Employment Law

David H. Goodwin has acted over the years for both the employers and employees in wrongful dismissal suits. Employers may be liable to compensate an employee if the employee is dismissed or laid off without adequate notice or compensation. The Employment Standards Act (the “Act”) sets out some basic requirements for notices and related issues. However both employers and employees need to understand the entitlement to compensation may extend far beyond the basic requirements of the Act. The length of notice an employee may be entitled to receive varies depending on the level of responsibility, duration of employment, age of employee and other circumstances including the availability of comparable employment.

Employers may terminate “for cause” without a requirement to compensate. Whether the employer has proper cause to terminate without compensation  depends on a wide variety of circumstances. Whether you are the employer or the employee, obtaining early legal advice will be very important to the ultimate outcome.

There are circumstances where an employee may have their working conditions substantially altered such that the employee may be “constructively dismissed”. If your work environment or job description has been substantially changed to your detriment you may have a claim for a wrongful dismissal providing you act quickly. The passage of time may weaken your claim.

Human Rights legislation has important implications in employment situations. If you are dismissed while under a disability you may have claims for compensation for discriminatory treatment. Employers need to proceed with caution and sound legal advice when addressing employee absenteeism or inability to carry out the work duties particularly where some form of disability may be present. Early legal advice may be very cost effective in avoiding a larger legal problem.

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Address :
#100 - 631 Carnarvon Street Courtyard Entrance,
New Westminster,
British Columbia - V3M 1E3
Canada.
Tel : 604-553-4818
Fax : 604-526-5614