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Sometimes, despite an employer's best efforts, an employee just doesn't work out. At one time or another, every employer must consider letting an employee go. At Okanagan Small Business Services, our focus is on preventing legal issues and helping employers perform their due diligence throughout the employment relationship. However, if an employment relationship must come to an end, we recommending speaking with an employment lawyer before pulling the trigger.
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We are proudly associated with experienced employment lawyer, Scott Chambers, a partner at Doak Shirreff Lawyers, LLP. Scott has over 15 years of experience practicing Employment and Human Resources Law and is also a Chartered Professional in Human Resources in British Columbia. Scott provides small business owners with invaluable advice about how to handle employee terminations.
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COMMON REASONS FOR EMPLOYEE TERMINATIONS
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WHY CONSULT WITH A LAWYER?
Employment laws in BC are complex and cannot be disregarded when it comes to employee dismissals. Every employment situation is unique and there are many factors that must be considered on a case-by-case basis. The law entitles employees to certain rights, and it is in an employer's best interests to be proactive about complying with these entitlements. Speaking with a lawyer before commencing the termination process can save an employer thousands of dollars (and many headaches) down the road. We have written an article on the Three Types of Employee Dismissals in BC to provide small business owners with some general knowledge on the topic.
What's the worst that can happen? If an employer does not handle an employee dismissal professionally and respectfully, and in accordance with the BC Employment Standards Act and common law, it can expose them to wrongful dismissal claims. Damages awarded in wrongful dismissal claims can be significant. Employers must educate themselves and be proactive about preventing wrongful dismissal claims because the defense of "I didn't know" will not stand up in court.
What's the worst that can happen? If an employer does not handle an employee dismissal professionally and respectfully, and in accordance with the BC Employment Standards Act and common law, it can expose them to wrongful dismissal claims. Damages awarded in wrongful dismissal claims can be significant. Employers must educate themselves and be proactive about preventing wrongful dismissal claims because the defense of "I didn't know" will not stand up in court.
PROCESSSTEP 1: Initial Consultation Meeting Before commencing the termination process, we advise our clients to book a consultation meeting with Scott at Doak Shirreff Lawyers. No matter what your situation is, Scott can provide you with invaluable advice about how to proceed. STEP 2: Termination Package If dismissal is determined to be the best route, Scott can provide you with a legally-enforceable termination package that will guide you through the process. The package includes:
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Meet Scott Chambers, B.A., J.D., CPHR
Partner at Doak Shirreff Lawyers, LLP Scott Chambers is an experienced Employment and Human Resources lawyer at Doak Shirreff Lawyers in Kelowna, BC. He has been practicing law since 2005. Scott is skilled in crafting solutions to common employment issues, such as employee dismissals. He has extensive experience with advising clients, oral and written advocacy, mediations, negotiating out-of-court settlements, examinations, and (if necessary) trials. Scott is very approachable and is adept at explaining complicated employment law concepts and processes to his clients in language that is easy to understand.
Aside from being a lawyer, Scott is a father, husband, and board member for two outstanding local charities. Scott is the President of the Board of Directors at Ozanam Recovery House, and the Treasurer for the Okanagan chapter of MADD Canada. |
