Different Types of Dismissal from Employment
30 Jul 2020 Legal Services
If your employment has been terminated, it can be helpful to know the different types of dismissal from employment that can take place in British Columbia in order to know what your rights are. At Linley Welwood, our background in employment law has equipped us to help our clients know whether they were terminated lawfully and, if there is a case to be made on their behalf, we can help to ensure that the correct compensation is received.
What are the Different Types of Dismissal from Employment?
Aside from resignation, there are many different ways that employment can be terminated. It is important to know these types of dismissal to ensure that you receive what you are entitled to as an employee. The types of dismissal from employment include:
Just Cause Dismissal
Just cause dismissal (also known as dismissal with cause) is typically reserved for worst case scenarios. A just cause for dismissal would include insubordination, theft, or any other severe misconduct by the employee.
Dismissal with reasonable notice or pay in lieu of notice is the only legal way that an employer can terminate employment without just cause. The terms for dismissal with reasonable notice is determined by a variety of factors and the employee is entitled to a set amount of notice ahead of time that their employment will be terminated. Severance pay can also be offered in lieu of notice at the time of dismissal.
Any fundamental unilateral change of an employment contract by the employer that the employee does not agree to qualifies as constructive dismissal, as these changes often have the effect of forcing the employee out of their position. This typically includes a large scale change in title and responsibility, a change in hours of work, or other changes in working conditions that the employee had no right to expect from their job. Constructive dismissal cases can often lead to wrongful dismissal cases.
When an employee is let go without sufficient notice being given and there is no just cause for termination, liabilities for wrongful dismissal can arise for the employer. In many cases, the employer simply needs to be informed by an employment lawyer of their responsibilities for reasonable notice or pay in lieu of notice in order to make things right.
If you are interested in finding out more information about the different types of dismissal from employment, or if you would like to learn more about any of our legal services, please contact Linley Welwood at 604-850-6640 or by filling out a contact form on our website.