Wednesday, February 6, 2013

Does my employer need a reason to fire me?

The power of the employer to dismiss employee rests with your jurisdiction (province or State). For example, your employer does not need a reason to fire you in most Canadian provinces. The law requires that the employer either have ‘cause’ for firing you or the employer must provide you with reasonable ‘notice’ of your dismissal. First, if the employer has a reason to fire you, such as you have been taking money illegally from the business or you have been fighting with your co-workers, the employer has ‘cause’ and need not provide you with any ‘notice’ of your dismissal. The employer can have you leave employment immediately. Second, if the employer does not have a reason to fire you, they can still dismiss you but only if they give you proper ‘notice’. What this means is that they have to let you know that after a reasonable period of time (based upon your seniority, experience, income, responsibility etc.) you will be dismissed. Alternatively they can dismiss you immediately if they pay you what you would have been paid had they dismissed you after the notice period. For example, your employer can decide that they just don’t like you and tell you that your job will end in three months. Instead of keeping you for the three months (as a disgruntled employee), they can simply pay you the three months’ salary and send you on your way. Provided by the law firm of Taylor Conway whom specialize in litigation and injury law.

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