Wrongful Dismissal occurs when an employee is fired without proper notice and without severance pay. In essence, dismissing someone without just cause is a breach of the contract of employment between employer and employee and it is actionable.
Wrongful dismissal actions are not generally brought by unionized employees as they usually have the right of grievance included in the collective bargaining agreement and they also have the union to back them up in the event that the firing is improper. As a non-unionized employee, though, you are not guaranteed a job. Your employer can fire you at any time and does not even need a reason. However, that does not mean that you don't have any rights.
All employees are entitled to reasonable notice (or pay in lieu of notice) if they are going to be let go. How much you are entitled to depends upon a variety of factors. The length of service you have with that employer is the most important factor. However, the circumstances of your firing, your age, your background and training, the likelihood of your finding another equal paying job and your efforts and ability to find another job and mitigate your losses also contribute to the determination of the amount of damages to which you are entitled. Wrongful dismissal cases are like snowflakes - each one is unique - and each case is unique and will eventually be decided upon its own facts.
Yearwood & Co. has been known for the excellence of its litigation services since the firm was established in 1998 by Patrick Yearwood. Our experienced trial and appellate counsel regularly appear at all levels of court in British Columbia and Alberta, including the Federal Court of Canada. We have extensive experience in handling all manners of employment disputes and claims.
We will explore all of the possible avenues available to conclude your case in the best possible way. Some of the most common methods of resolving a wrongful dismissal dispute include negotiating a settlement directly, mediations, summary trials and, of course, trials.
We understand that the legal process can be confusing and even intimidating. We will listen carefully to your concerns and we will guide you through the legal maze and explain things as we go in plain and understandable language. We will provide you with free written material that will also help to explain the steps in the process as we go along.
If you want to contact us to discuss your wrongful dismissal matter, just click here to email us or call 604-513-2333.
For further information on wrongful dismissal disputes you may be interested in reading some of the following articles written by Don McCrimmon that have been published in his regular column, "At The Bar", in the Langley Advance News:
The Costs of Litigation
Look Before You Leap
Alternate Dispute Resolution Mechanism
Examinations for Discovery
Small Claims Court
Taxable Court Costs
The Civil Court System
Put it in Writing
Why does Litigation Take So Long?
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