Wrongful Dismissal Vs. Termination Without Cause

The most common cases encountered in employment law are those in which an employee has been terminated from a job and wants to know what their rights are. To fairly assess these cases, it is essential to distinguish between situations of wrongful dismissal and termination without cause.

Wrongful Dismissal

Wrongful dismissal is when an employer dismisses an employee without giving that person proper notice of the termination. It also applies to situations where an employee is discharged or terminated without being given due notice merely because the employer believes that they have a just cause for the termination.

A constructive dismissal is also a form of wrongful dismissal. It occurs when an employer, without the consent of the employee, changes an essential term in the employment contract, such as wages, and then attempts to force the employee to accept the change or quit. In such cases, an employee may have a legitimate claim against the employer for wrongful dismissal. However, it is essential to consult an employment lawyer before taking legal action.

There are many options available to an employee who has been wrongfully dismissed by an employer. The employee may file employment standards claim, which is likely to be the simplest and cheapest option. However, the maximum amount that can be recovered through an employment standards claim is $10,000, making it an unattractive option if the employee wants to recover more than that amount.

Another option is to launch a civil action against the employer. There are no limitations to how much can be recovered through a civil action; however, the process can be very lengthy and expensive. Attending mediation or alternative dispute resolution with an employment lawyer may save time and expense for both sides.

Termination Without Cause

As opposed to wrongful dismissal, a termination without cause may be lawful if it is done correctly. Termination without cause occurs when an employee is terminated from a job not because they have necessarily done anything wrong, but because the employer has decided, for whatever reason, that it no longer needs the employee’s services. This could be due to many reasons, such as economic restructuring or unsatisfactory work performance.

What is important to remember about termination without cause is that, in such cases, the employee is entitled to receive notice of termination from their employer. This means that the employer must tell the employee that they are going to be terminated before they are let go. The amount of notice will depend on the exact circumstances. This gives the employee sufficient time to look for other employment. If the employee is terminated without proper notice, then a wrongful dismissal has occurred. This is an example of how a termination without cause can become a wrongful dismissal.

While an employer does need to notify an employee in advance of termination, they may choose to have the employee cease working as soon as the notice is given, while paying them for the time worked. This is called pay instead of notice.

If you believe that you have been the victim of a wrongful dismissal or a termination without cause, speak to an employment lawyer so that you can be advised of your rights.

Employment Lawyer in Vancouver

Lesperance Mendes Lawyers
900 Howe St #550, Vancouver, BC V6Z 2M4
(604) 685-3567