more than 40 years of legal experience
302, 15252 – 32nd Avenue | Surrey, British Columbia V3Z 0R7

Wrongful Dismissal Lawyer

Get expert legal assistance to challenge wrongful dismissal and secure your rights.

Understanding Wrongful Dismissal in the Workplace

Being wrongfully dismissed can have profound consequences that reverberate into your future. Having to also navigate the complex legal process of seeking just compensation makes your situation that much more challenging. Working closely with an experienced Surrey wrongful dismissal lawyer can help protect your legal rights and carve out a solution that supports your best interests.

A Solution to Workplace Conflict

If you have experienced workplace conflict and related wrongful dismissal – or have otherwise been wrongfully dismissed – it’s time to take action. With the skilled legal guidance of a trusted employment lawyer at Doran Law in your corner, you’ll be better prepared to successfully restore your rights and secure a smoother path forward. 

What Qualifies as Wrongful Dismissal?

When employees are terminated without cause, employers are required to provide them with adequate working notice of termination, fair severance pay, or a combination of the two. When an employee is dismissed without reasonable notice – or without corresponding severance pay – they may be entitled to legal compensation via a wrongful dismissal claim. 

A Common Misconception about Wrongful Dismissal

A common misconception about wrongful dismissal is that it means an employee was let go for unjust reasons or that the employer lacked the legal right to do so. To fire an employee in Canada, the employer must provide them with one of the following:

  • Reasonable notice
  • A fair severance package
  • A combination of both 

Wrongful dismissal shouldn’t be confused with unjust dismissal, which refers to an instance when an employer fires an employee for reasons that are unfair or not in accordance with the law. 

How Do I Know if I’ve Been Wrongfully Dismissed?

If your employer lets you go without providing reasonable notification, adequate severance pay, or a sufficient combination of both, it amounts to being wrongfully dismissed. Every wrongful dismissal case is specific to the various factors that apply, but some of the primary issues include the following:

  • Whether or not you belong to a union
  • The length of your tenure with the employer
  • Your age at the time of your dismissal
  • The type of position you held
  • Your yearly salary at the time of your dismissal

A practiced employment lawyer with extensive experience handling complex wrongful termination claims has the legal insight to accurately assess your case and help you take the right legal steps forward. 

Wrongful Dismissal: When Employment Is Terminated for Cause

Employment law in BC recognizes justifications for terminating the employment relationship without providing either notification or severance pay, which are called just cause dismissals. Employees who are let go for cause can experience the following negative consequences:

  • Inability to collect employment insurance benefits
  • Difficulty finding further employment

It’s important to note that just cause for dismissal is a high legal bar, and far too often, employers implement termination for cause prematurely or otherwise employ this action inappropriately. The BC Employment Standards Act protects employees from unjust cause-based termination – requiring employers to not only prove misconduct that is recognized by the law but also to prove that termination was the appropriate response. 

We Help Employees Assess Their Legal Options When Their Privacy Rights Have Been Violated

As an employee, you also have important privacy rights that are well worth protecting – throughout your tenure and beyond. While your employer requires a significant amount of personal information to run payroll, the Personal Data Protection Act dictates the guidelines employed for collecting, using, and sharing this information in the public domain. The focused wrongful dismissal lawyers at Doran Law are standing by to help protect your privacy.

Practical Steps to Take

Unless you are let go – or laid off – for cause, which is a challenging legal standard to meet, you are entitled to minimum legal requirements. The term laid off refers simply to being fired or terminated without legal cause, and even if you find a better-paying job on the same day that you are dismissed, the same minimums – in terms of the notice, severance pay, or a combination of the two – apply. 

If you haven’t received the minimums to which you are entitled, the first step in the process is gathering your records of employment, and from here, consulting with an accomplished employment lawyer is advised. Generally, a six-month limitation period applies, which makes taking swift action in your best interest. 

Wrongful Dismissal and Severance Pay 

If you’ve been wrongfully dismissed, you have the right to severance pay that is in keeping with the amount of time you were employed by the company. The duration of your employment, as well as your salary and age, will all factor into how fair severance is calculated in your unique situation – without a fixed limit necessarily applying. 

We Review Employment Contracts, Severance Packages, and Other Employment Agreements

When you leave your current employment, accept a new position, or change jobs, it’s important to have a solid contract in place. Robert Doran at Doran Law has decades of impressive experience helping employees like you negotiate favourable employment contracts, and he’s here for you, too. 

We Assist Employees through WorkSafeBC’s Claims and Appeals Process36

WorkSafeBC affords employees important protections in relation to workplace injuries and the negative effects they can have on both their careers and well-being. Such claims, however, are legally challenging and, as a result, tend to be costly. The bottom line is that a careful assessment of your unique situation with respect to the exacting rules, procedures, and evaluation methods involved is required, and our formidable legal team has you covered.

We Advocate for Employees Facing Workplace Discrimination and/or Workplace Harassment

Employees are entitled to work environments that are free from harmful discrimination and harassment. Because bringing a successful claim against workplace discrimination or harassment is as legally challenging as it is stressful, our seasoned legal team’s imposing range of experience in human rights law can prove invaluable. 

Reach Out for the Legal Guidance You’re Looking For

Robert Doran at Doran Law focuses his imposing practice on helping employees who experience wrongful dismissal – and other injustices – obtain the compensation to which they’re entitled. Mr. Doran’s expansive experience successfully litigating these challenging cases speaks to his legal skill, knowledge, and insight. For the advice you need, please don’t wait to contact us online or call us at 604-542-9455 today.  

FAQ

What is the average payout for wrongful termination in Canada?

Every wrongful termination claim is unique, and your payout will reflect the specific circumstances of your situation. Awards tend to range from $5,000 to $100,000, but there are no specific limits. 

How much can you get for wrongful dismissal in Ontario?

In Ontario, you can seek – and obtain – the amount to which you’re entitled in the face of a wrongful dismissal, and this amount will reflect the duration of your tenure, your salary, your age, and your position.

Can I get fired without warning?

Absent cause, it is against the law to fire employees without adequate warning – or severance pay – in British Columbia, and employers face considerable legal challenges when it comes to proving cause.  

How much compensation do you get for wrongful dismissal in BC?

Employees who are wrongfully dismissed in BC can seek compensation that is commensurate with – or that fairly addresses – their unique employment situation. 

What is considered wrongful termination in BC?

In BC, letting an employee go without providing reasonable notice or fair severance pay – except under the exacting conditions required for dismissal with cause – is considered wrongful termination. 

AN EXPERIENCED BC LAWYER CAN HELP

Robert Doran is an esteemed labour lawyer at  Doran Law who has decades of experience guiding difficult employment-based cases like yours toward favourable resolutions, and he’s here for you, too. To learn more about what we can do to help you, please don’t put off contacting or calling us at 604-542-9455 today.

Contact us

Please fill out the form below and one of our lawyers will contact you.

 

Office Location

Surrey Office
302, 15252 – 32nd Avenue Surrey, British Columbia V3Z 0R7
Phone: 604-542-9455
Fax: 604-542-9493

Office Hours

Monday – Friday | 8:30 AM – 5:00 PM

Punjabi Spoken

ਪੰਜਾਬੀ ਦੇ ਸਪੋਕਨ