1. I'm not happy with one of my employees. How much notice do I need to give before letting him go?
   
   
2. I was fired two months ago without any explanation. I've been looking for work, but couldn't find anything. What happens if I can't find a new job?
   
   

1.  I'm not happy with one of my employees. How much notice do I need to give before letting him go?

There is no set rule for calculating what's a reasonable notice period. Courts look at other similar B.C. cases, and tend to consider the following factors:

• position held
• age
• salary
• years of service
• availability of other suitable employment

Generally speaking, an older employee with a significant amount of responsibility, many years of service and a high income is less likely to be able to find alternative employment right away. Therefore, he would be entitled to more notice than a younger employee would with little responsibility, few years of service, and a low income.

Remember, if you're guilty of misconduct when dismissing your employee, a court may extend the period of reasonable notice. You should never be untruthful, misleading, heavy-handed or unduly insensitive when dismissing an employee.

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2. I was fired two months ago without any explanation.  I've been looking for work, but couldn't find anything.  What happens if I can't find a new job?

You have a duty to make reasonable efforts to find another job suited to your skills and abilities. This is called the duty to mitigate your damages (that is, minimize your losses). All expenses you incur to find a new job are recoverable.

You don't have to prove that you've looked for a new position. It's up to the employer to prove that you didn't look, and would have found a job had you looked, or that you were unreasonable in refusing to take a suitable position. If your former employer can prove that you didn't seek or take suitable alternative employment, the court will reduce your damages award to reflect how long you could have been working.

Any money you actually earn during the reasonable notice period will also be subtracted from the damages award.

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