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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I have been dismissed from my job a bartender and superviser

Customer Question

I have been dismissed from my job a bartender and superviser with no notice, he has put laid off on my slip and hired someone else in my place, no notice, it was at the end of my regular working day.what are my rights?? He is also saying bad things about out family to lots of people and they are telling us what he says. small community
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

I am sorry to hear this.

How long had you worked there for?

Had you ever received any written notice about complaints about your work?
Customer: replied 1 year ago.


I have worked there for 7 years and no complaits of my work. This man just bought the work place in June and decided that he did not want myself and my 2 sisters working there and he replaced all of us the same day, we are First Nations. Previous owners left me in charge while they went on vacation in winter for 2 to 3 months

Expert:  Legal Ease replied 1 year ago.
If an employer wants to dismiss an employee for cause the employer is required to provide the employee with written warnings, unless the employee`s conduct is so extraordinary that immediate dismissal is warranted.

As this was not the case then you should consider a claim for wrongful dismissal and seek damages from your employer.

Generally the damages would be equal to what you would receive had you been dismissed without cause. If that had been the case you would have been entitled to receive "reasonable" notice or pay in lieu of notice.

Generally, in determining what is reasonable notice Courts look at several factors including the length of time you worked for the employer, your age, your position, the likelihood of finding new employment etc.

At the high end, if you were in a managerial position, the Court would likely order one month's notice or pay in lieu of notice for each year of employment. If you were not in a managerial position the Court would order somewhat less.

You can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.

The number is:

604.687.3221 or 1.800.663.1919.

This may be a case of discrimination as well. Discuss that with the lawyer as you may want to file a complaint with the Human Rights Commission.

Perhaps take your sisters to the consultation?

Let me know if you need any further clarification
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 87295
Experience: Lawyer
Legal Ease and 2 other Canada Law Specialists are ready to help you
Expert:  Legal Ease replied 1 year ago.

Thanks very much for the rating.

Please take the time to participate in the customer satisfaction survey as that will go into my record with the site.You will be sent an email with the survey in a couple of days.

And feel free to keep my name in case you need me again down the road. You can always put my name into the subject line the next time you post so that your question will stand out for me and I will answer it just as soon as I can.

Thanks and take good care!

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