Reading the smail print GETTING fired is awful. In addition to feeling downright miserable, there are usually money concerns. It’s therefore important to know vour legal and financial rights if your employment is terminated. Say you're being ler go because your company is downsizing. Usually, your boss will do one of two things: @ provide working notice (notify. you a reasonable time in advance of a specific ter- mination date, and allow you to continue to work and get paid until that date); or @ provide severance (let you go immediately, but pay 2 severance equal to the rea- sonable working-notice peri- od). Generally, only employees {including most commission sales representatives) are entitled to reasonable notice or pay in lieu. ; You’ re not an employee if you’ve been hired on a con- tract or consulting basis, controlling your own job and setting your own hours. Also, unionized employees ‘are covered by their own collective bargaining agree- ments, and they have the option to complain or grieve. To determine what is rea- sonable notice for an indi- vidual, many factors must be considered. When an employee sues a former employer for wrong- ful dismissal, the court looks at the employee's position, age, experience, income, length of time worked, train- ing and qualifications, whether the employee was jured away from another job by certain inducements, and the availability of similar employment elsewhere. For example, the longer you've worked at your job, the more notice you’re usu- ally entitled to get. Likewise, the more specialized your work, the more notice you should get. Less skilled | COLLISION SPECIALISTS | B.C.A.A. - A.R.A, ‘APPROVED CENTRE ALL MAKE COLLISION REPAIRS “LIFETIME GUARANTEE” Alternative transportation arranged i TALKING x Estimates x | sooo Consultation * oer = fziaisis. 085-7455 seu age. on own _ ‘Wthproveti: ents doorstep ~ employees tend to get less notice. A rough rale of thumb is that you can expect about one month's notice for every year worked to a maximum of sround 24 months. To get more than 12 months, you generally need to be a senior employee. The oldest, most senior emplov- ces and those who've worked the longest may get up to 24 months. The most notice given in Canada was 30 months, awarded to a 53-year-old, former CEO of an Ontario hospital with 35 years’ expe- rience. Tf legal reason or cause exists, your employer doesn’t have to give you working Notice OF severance Pay. Examples of cause include theft and dishonesty, chronic absenteeism (not duc to ill- ness), refusal to follow rea- sonable instructions, and intoxication that aftects your work (but alcoholics must first be given the opportuni- ty to go for rehabilitation). Lack of work or other economic reasons are not cause. It is not just cause if the company is losing moncy or going out of business. Wednesday, April 28, 1999 — North Shore News ~ 27 nn your pink st Similarly. you cannot be fired because of your racial origin or a disability that can be acconnmodated on the job. Also, your employer can fot escape giving reasonable notice or paying severance by making conditions at work so intolerable that you quit. That's called “con- structive dismissal” — termi- nating your employment in a way other than by a direct letter of firing. Demotion, demand for your resignation, reduced pay, forced transfer and short term layoff may all amount | 0 to constructive dismissal and entitle you to sue for wrong- ful dismissal. Does your boss have to tell you why you're being fired? Yes, if you're fired for cause. No, if you're paid a sever- ance. ~— This column is written with the assistance of the North Vancouver law firm of Ratcliff & Company, Suite 500, 221 West Esplanade, 988-5201. The column pro- vides information only and is not to be relied on for legal advice. in British Columbia establishes rules ahout campaigns, expenses ame contributions. 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