You were suddenly let go or demoted from your job.  Do you have a case against your employer?  Perhaps you are the employer. You're thinking about firing someone, but don't want a lawsuit on your hands.  What should you watch out for?

• Wrongful dismissal and wrongful resignation
• Damages and reasonable notice
• Duty to mitigate
• Just cause and federally regulated employees

A non-unionized employee whose employment has been terminated can sue his employer if there was inadequate notice or severance pay. Termination could even include an employer unilaterally changing your duties or status.

On the other hand, if an employee resigns without giving reasonable notice, an employer can sue for wrongful resignation. Since both actions involve similar considerations, we'll focus on wrongful dismissal.

• Constructive Dismissal: Getting fired without getting fired
• Wrongful Resignation

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Damages and reasonable notice

If you prove your wrongful dismissal case, a court would award damages for loss of employment, based on how much notice or forewarning you should have received before being fired. The length of notice is called the reasonable notice period. What's "reasonable" depends on a number of factors, including other similar cases.

• Damages for Wrongful Dismissal
• Minimum Notice Requirements under the B.C. Employment Standards Act

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Duty to mitigate

Once the court determines the reasonable notice period, it will compensate you for salary and benefits you would have received during that time. However, you have a duty to seek new employment and the court will consider your efforts to do so. Whatever you earned, or should have earned, during the reasonable notice period will be deducted from the damages award.

• FAQ: "What happens if I can't find a new job?"

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Just cause and federally regulated employees

If, moreover, an employer can prove the firing was justified (there was "just cause"), neither notice nor severance pay are required. The law of wrongful dismissal also does not apply to federally regulated employees, such as those working in banks, in the transportation industry, or in telecommunications.

• Just Cause: Good reasons for firing someone

A good employment lawyer can help you with your wrongful dismissal action. She knows the legal issues and procedures, and can save you time and money. Ensure a fair result by getting good legal advice early.

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