Constructive Dismissal in British Columbia

What is constructive dismissal?

If your employer creates or allows for the creation of hostile or toxic work environment, the terms of your employment are significantly changed than you are permitted at law to claim constructive dismissal. You cannot claim constructive dismissal if you continue working. Instead, the law allows you to resign and claim constructive dismissal.

If you claim constructive dismissal you are entitled to the same amount of severance pay as you would have been entitled to if you had been simply terminated. The amount of severance pay depends on many factors, such as how long you worked for your employer, your age, your position, and your employability.

What are examples of constructive dismissal?

Demotion
If you are demoted, you may claim constructive dismissal. Your employer need not officially demote you in order for you to have a claim of constructive dismissal. If your responsibilities are significantly reduced, you have been demoted even if your employer does not officially demote you, and you may claim constructive dismissal.

Reduction in salary
The law does permit an employer to make a modest reduction in your salary without it being considered constructive dismissal. However, if your salary is reduced by more than approximately 10%, you will have a claim for constructive dismissal.

Harassment
You are entitled to a workplace environment free of harassment. If your employer is harassing you or turning a blind eye to other employees harassing you, then you have a claim for constructive dismissal.

Employment Standards Act BC and Contract Law

The Employment Standards Act BC codifies the amount of severance pay you are entitled to if you have been terminated without cause. This also applies if you have been constructively dismissed. However, the Employment Standards Act BC does not require as much severance pay as the Common Law requires. You are therefore better off suing based on Common Law than you are suing based on the Employment Standards Act BC. The Common Law entitles you to roughly 1 month severance pay for every year of employment.

How do you prove constructive dismissal in British Columbia?

Depending upon how you have been constructively dismissed, it is relatively easy to prove constructive dismissal in Vancouver.

For instance, if your income has been significantly decreased, your pay stubs or bank records will more than suffice. If you have been demoted, your employer will almost certainly have put the details of your demotion in writing – less decision making, authority, responsibilities, etc.. If you are experiencing a toxic work environment, you will need witnesses to confirm your experiences.

What constitutes a toxic work environment?

In the province of British Columbia in Canada, a toxic work environment is considered to be a form of workplace harassment, which is prohibited under the British Columbia Human Rights Code (HRC). According to the HRC, harassment is defined as any unwanted or unwelcome conduct, comment, gesture, or contact that is known or ought reasonably to be known to be offensive, embarrassing, humiliating, demeaning, or intimidating to the person or group of persons to whom it is directed.

This can include things like bullying, verbal abuse, physical abuse, sexual harassment, and discrimination based on a person’s protected characteristics (such as race, gender, sexual orientation, etc.).

It is also worth noting that under the Occupational Health and Safety Regulation, employers have a duty to take every reasonable precaution to protect workers from hazards in the workplace, including hazards related to bullying, harassment, and violence. Employers are required to take steps to prevent hazards and if hazards cannot be eliminated, to minimize their effects.

It’s important to note that the laws around what constitutes a toxic work environment can vary by jurisdiction, and it’s always best to consult with a legal professional for specific advice.

Do I have to resign to sue for constructive dismissal?

You must resign first if you wish to sue for constructive dismissal.

What should I do if I have been constructively dismissed?

If you have been constructively dismissed in the province of British Columbia, Canada, there are several steps you can take to address the situation.

Here are some steps you can take:

Document the situation: Keep detailed records of the changes that have been made to your job, as well as any conversations or interactions you’ve had with your employer about those changes.
Try to resolve the issue with your employer: Speak with your supervisor or human resources representative to express your concerns and try to find a solution.
Consider legal action. Seek advice from a lawyer that is familiar with employment law in general and constructive dismissal law in particular.
Seek support: Being constructively dismissed can be an emotionally challenging experience, it’s important to seek support from friends, family, or a professional counselor if you need it.

It’s important to keep in mind that the laws regarding constructive dismissal can vary by jurisdiction, and it’s always best to consult with a legal professional for specific advice.

What steps should an employer take to prevent a claim for constructive dismissal in the province of British Columbia?

An employer in the province of British Columbia can take several steps to prevent a claim for constructive dismissal:

Communicate clearly and openly with employees: If changes to an employee’s job or work conditions are necessary, the employer should clearly communicate the reasons for the changes and involve the employee in the decision-making process as much as possible.
Document all changes: The employer should document all changes made to an employee’s job, including the reasons for the changes, and keep the records on file.
Provide appropriate notice: If the changes are significant, the employer should provide the employee with appropriate notice of the changes and allow them time to adjust.
Follow company policies and procedures: The employer should ensure that they are following the company’s policies and procedures when making changes to an employee’s job, and that they are treating all employees fairly and consistently.
Encourage a positive work culture: Employers should foster a positive work culture by promoting mutual respect and open communication, and by addressing and resolving any issues of harassment, bullying, or discrimination that may arise in the workplace.
Follow the occupational health and safety regulations, if the change is related to safety issues, the employer should make sure that they are taking every reasonable precaution to protect workers from hazards in the workplace, including hazards related to bullying, harassment, and violence.

Why hire an employment lawyer?

An employment lawyer can help you navigate the legal process and protect your rights if you have been constructively dismissed by your employer. Here are some reasons why you should consider hiring an employment lawyer:

Legal expertise: An employment lawyer will have a thorough understanding of the laws and regulations related to constructive dismissal and can advise you on the best course of action.
Representation in negotiations and court: An employment lawyer can represent you in negotiations with your employer or in court, if necessary.
Help you understand your rights: An employment lawyer can help you understand your rights as an employee and can help you determine if you have a valid claim for constructive dismissal.
Provide guidance on evidence: An employment lawyer can help you gather and present the necessary evidence to support your claim, including any documentation, witness statements, and other evidence related to the changes made to your job.
Help you negotiate a settlement: An employment lawyer can help you negotiate a settlement with your employer that is fair and reasonable, including any compensation or reinstatement.
Help you navigate the legal system: The process of pursuing a claim for constructive dismissal can be complex and time-consuming, an employment lawyer can help guide you through the process and ensure that you meet all deadlines and requirements.

Contact Tim Louis for a free legal consultation today at 604-732-7678 or timlouis@timlouislaw.com

When you need a lawyer specializing in Estate & Wills Litigation to resolve inheritance disputes and protect your legacy, Long-Term Disability Claims if your benefits were denied, Personal Injury Law to get the compensation you deserve, Employment Law for wrongful termination or workplace disputes, Wills & Estate Planning to ensure your assets and family are protected, or Probate Administration to simplify the legal process as an executor, contact Tim Louis & Company.

Give Tim Louis a call today at (604) 732-7678 for a no-fee telephone consultation, during which he will answer all your questions, no matter how complex.

Another Great Victory – Personal Injury Law Case

Personal Injury Case: It was June 23, 2020, and just a typical summer day for Arts Rorimpandey. Typical that is, until he visited his neighbourhood Walmart. He went there to purchase …

Personal Injury Law Case: Another Great Victory for the little guy

It was June 23, 2020, and just a typical summer day for Arts Rorimpandey. Typical that is, until he visited his neighbourhood Walmart. He went there to purchase some Drano. This was located on the bottom shelf. Mr. Rorimpandey squatted down to look at the different Drano products. All of his attention was on the array of products.

Unbeknownst to Mr. Rorimpandey, a Walmart employee was moving some garbage bins.

Injury at Walmart

Walmart is a company focused solely on the bottom line. It does not ask its employees to move garbage in A garbage bin, but rather two bins at once. This saves money but makes it much more difficult for the employee to keep a safe lookout. I should note that Walmart creates a culture in which its employees are always feeling they are under the gun.

Back to Mr. Rorimpandey. The next thing he knew, his left shoulder was being rammed by a fully loaded garbage bin travelling at breakneck speed. He suffered a left shoulder joint separation. In medical terms, an acromioclavicular joint separation.
To make matters worse, Mr. Rorimpandey’s worked at a bakery, where heavy lifting was required. The joint separation in his left shoulder had a major impact on his ability to work. It prevented him from lifting. Fortunately, he had a very accommodating employer who asked the other workers to perform any lifts Mr. Rorimpandey needed done.

Mr. Rorimpandey hired me and I immediately filed a lawsuit (Notice of Civil Claim) against Walmart. Eventually, Walmart’s lawyer filed a Response to Civil Claim.

Here are some excerpts:

“ The Defendant Wal-Mart denies that the incident occurred as alleged in paragraph 6 of the Notice of Civil Claim.
If there was an accident as alleged, or at all, the Defendant Wal-Mart denies that it was negligent as alleged or at all.
The Defendant Wal-Mart denies that it was negligent or in breach of its duty of care owed to the Plaintiff under the Occupiers Liability Act, R.S.B.C. 1996, c. 337 or otherwise.
If an incident occurred as alleged, or at all, then the Plaintiff was negligent, either wholly or contributorily, in failing to have due regard for his safety, the particulars of which are as follows:
1. a. he failed to keep a proper lookout;
2. b. he failed to take precaution for his own safety; c. he is the author of his own misfortune; d. he had the last clear chance to avoid the incident and failed to avail himself of that chance;
3. e. he acted recklessly and without due care;
4. f. he was not paying due care and attention;
5. g. he was impaired by fatigue, medication or other substances;”

I did not dillydally. Corporate defendants do not like trials. Too great a risk of getting negative publicity. I set Mr. Rorimpandey matter down for trial for the first date available in the court’s calendar. I then ordered expert reports including one from Mr. Rorimpandey’s family doctor.

Mediation in Personal Injury Law Case

On July 13th of this year, Wal-Mart asked for the matter to go to mediation. We agreed and on August 17th, we went to mediation. It settled, but only on Wal-Mart’s condition that Mr. Rorimpandey not ever disclose the terms of the settlement.

I want to thank Mr. Rorimpandey for giving me the opportunity to fight for him. He was a wonderful client to work with. I wish him and his family the best of success.

Contact Tim Louis Today

Get the legal help you need. Contact Tim Louis for a free legal consultation at 604-732-7678 or email timlouis@timlouislaw.com .

When to hire a Personal Injury Lawyer

Insights into when to hire a personal injury lawyer by Tim Louis

When should I hire a personal injury lawyer?

As soon as you have suffered a personal injury, you should hire a personal injury lawyer familiar with this area of law. The party that may be responsible for your injury, such as a store if you suffered a slip and fall or a dog owner if you suffered a dog bite, may have insurance. The insurance company will almost certainly attempt to get you to minimize your injuries and your claim. The insurance adjuster may even suggest that you were/are partially or fully responsible for your injury.

It is very important that you hire a lawyer before you are interviewed by the insurance company’s adjuster. Your lawyer will prepare you in advance for any such interview. There are many standard insurance adjuster questions that you can be familiar with before you are interviewed.

For instance:

If you suffered a slip and fall or trip and fall, you may be asked if you consumed any alcohol or drugs, prescription or non-prescription, in the 24 hours prior to your injury.
You may be asked what type of shoes you were wearing.
You may be asked how many hours of sleep you received the night before.
You may be asked if you had an appointment coming up, and depending upon your answer, the adjuster will be able to argue that you must have been in a rush.
If your injury resulted from a fall down stairs, you will almost certainly be asked if you were hanging on to the handrail and whether or not you were carrying any thing or object such as a purse.

Areas of Practice

I have been practicing in the area of personal injury for over three decades. I have acted for clients that suffered injuries due to falling down stairs, slipping/tripping on a foreign substance (such as a liquid or an item) on the floor of retail outlets, dog bites, tooth injuries resulting from a foreign object in a food product, and physical assault.

Dealing with Insurance companies

Insurance companies are not your friend. They make their profits by paying out less settling claims when they collect in premiums. You will almost certainly get a better settlement represented by a lawyer than if you are unrepresented. When I act for an injured client it is always my goal to get a settlement without going to trial that is equal to what a court would have awarded if we did go to trial. The best way to avoid a trial is to prepare for a trial.

Liability for Property Owners

Property owners are responsible for keeping their property safe for visitors. This means:

Keeping pathways clear of snow and ice in the winter and clear of leaves the rest of the year.
Making sure that all stairways conform to the municipal building code.
If the property owner is a landlord they must adjust the temperature setting on the hot water tank as required by the municipal regulations so that tenants are not at risk of being burned.

Proving Liability – Personal Injury Legal Tips

I am known as an aggressive lawyer. I have never had difficulty proving liability. In part, this because I thoroughly prepare my clients. In part this is because I hire experts to confirm liability whenever appropriate. I will not spare any cost to fight for my clients. In part, this is because I thoroughly prepare before I discover the defendant at examinations for discovery.

Why hire Personal Injury Lawyer Tim Louis?

For breakfast, I do not eat cornflakes – I eat insurance companies. I really enjoy going to bat for clients that have been injured no matter what the cause of their injury. I have been suing at fault parties and dealing with their insurance companies for over three decades. As my online reviews will attest, I get the job done.

Contact Personal Injury Lawyer Tim Louis for a free consultation at 604-732-7678 or timlouis@timlouislaw.com

Long Term Disability for Anxiety and Depression

Insights into Long Term Disability for Anxiety and Depression by Tim Louis

Long Term Disability for Anxiety and Depression

A claim for long term disability benefits may be made if you are disabled from work as a result of Anxiety or Depression. Both of these conditions can result in an inability to work. Many of my long term disability clients ask me what is the difference between Anxiety and Depression.

What is the difference between Anxiety and Depression?

Both Anxiety and Depression are types of mood disorders. Neither is necessarily disabling in the sense that if not severe, the individual may find that they are able to continue to work with either or both of these conditions.

However, both of these types of mood disorders can render an individual unable to work.

Anxiety can create feelings of worry, nervousness, or dread. Depression causes feelings of sadness, hopelessness, and reduced energy.

Although these two conditions are different, an individual can have both at the same time. In fact, depression and anxiety often occur together. Roughly 60% of people with anxiety also have symptoms of depression, and vice versa. The conditions themselves can also amplify the symptoms of the other, causing the symptoms to worsen or last longer.

Common Questions about Anxiety and Depression and Long Term Disability

Common questions clients of mine suffering from anxiety and/or depression ask me are:

Is long term depression and/or anxiety a disability?
The answer is yes. The federal government has long recognized these conditions as disabilities. Long term disability insurance companies also recognize these conditions as potentially disabling. However, a mere diagnosis does not in and of itself qualify you for long term disability benefits. Your condition must be so severe that it prevents you from working.
Can depression cause permanent disability?
Unfortunately, the answer is yes. Sometimes, although luckily rarely, depression can be so long term and extreme that it is permanently disabling. In this case, an individual will never be able to go back to work. Your medical team will be just able to let you know whether or not your depression is likely to be treatable or is permanent.

Suffering from Depression and/or Anxiety?

If you are suffering from depression and/or anxiety to the extent that it is preventing you from working, then in order to make a successful claim for long term disability for depression and anxiety, you should make every effort to bring your family doctor up to speed. They would need to know how your mood disorder is affecting your ability to work.

An example of how depression could affect your life could be an inability to get out of bed due to your depressed mood and fatigue forcing you to call in sick. Your symptoms might cause other problems such as inability to focus, concentrate, or pay attention during meetings or phone calls. Lack of interest in things you once enjoyed due to low energy and feelings of hopelessness can make even the most mundane tasks seem like mountains to climb.

On the other hand, with anxiety, it can affect your life in a completely different manner. You might feel so anxious that you feel physically ill, making you unable to go in to work. You might have panic attacks due to immense feelings of worry and fear. You could have social anxiety, meaning that social interactions themselves can cause you great stress and fear. There are many types of anxiety disorders, and each of them can impact your life in different ways.

Both of these mood disorders can put your life, career, and relationships in disarray.

It is also very important that you are aware of the fact that you are not eligible for long term disability benefits if your mood disorder is caused by the unique workplace environment of your current job. If a change of employers would likely leave you now no longer disabled, but rather able to work, then you do not have a valid claim for long term disability for anxiety and depression. It is for this reason that your application for long term disability benefits should not suggest that the root cause of your mood disorder is your work environment.

Making a Claim for Long Term Disability for Anxiety and Depression

Making a claim for long term disability benefits is relatively easy. Your employer will provide you with the form that needs to be filled out. One of these forms, the Attending Physician Statement, will need to be completed by your family doctor. If you are seeing a specialist such as a psychiatrist for treatment, you may consider having the specialist complete the Attending Physician Statement.

If you have been denied long term disability benefits and do suffer from depression and/or anxiety, contact me immediately for a no-fee consultation. 778-855-3494.

BC Lawyer Tim Louis

Many people ask me why I became a lawyer. It all begins in the late 1970s. I was a student and a concerned about the lack of transportation for folks like me that could not access the public transit system. In those days, buses were not accessible – they did not have fold down ramps. I began lobbying Vancouver City Council to create what we now call HandyDART.

One city councilor, Harry Rankin, stood head and shoulders above all the others. His ability to stand up for the “underdog” was something to be seen. He was also a lawyer, and planted the seed in my mind – could I become a lawyer who committed himself to doing what Harry did?

A few years later – 1980, Harry wrote the letter that got me admitted to UBC’s School of Law. In 1983, Harry hired me as his articling law student. In 1999, I was elected to Vancouver City Council as a member of the party he founded – COPE.

I love being a lawyer. Fighting for justice inspires me. Winning cases that at first blush seem unwinnable gives me life. The last 38 years have been absolutely incredible and I hope to write a book soon about a number of my most exciting cases. Harry wrote a book – Rankin’s Law.

If you are ever interested in learning a bit more about the man responsible for who I am today, take a look at “The Rankin File: Legacy of a Radical”.

Disability Lawyer Vancouver BC

Many employers will provide Long Term Disability coverage for their employees. If an employee with LTD coverage becomes unable to work, they are entitled to LTD benefits. Typically, an insurance company collects the premiums every month that the employee is working and then pays the employee when they become disabled. In some cases, the employer will self-insure.

A self-insured employer collects the premiums and makes all LTD payments. One more important thing to be aware of – if the employee pays the premiums every month, any future disability benefits will be tax-free. If on the other hand, the employer pays the premiums every month, then any future disability benefits will be taxable.

I act for individuals denied their long term disability benefits no matter what the cause of their disability. If you are unable to work, and you have been denied long term disability benefits, I will act for you no matter what the cause of your disability.

Since 1984, I have acted for individuals unable to work as a result of many different causes. People with chronic fatigue syndrome, fibromyalgia and mental illness are just a few of the wide array of cases I take on.

Why hire a disability lawyer?

I am frequently asked – why hire a disability lawyer? The answer is very clear. Without a lawyer, you are at a significant disadvantage when dealing with your insurance company. There is a power imbalance between you and the insurance company’s representative.

Your insurance company will send you to a medical expert of their choosing. Typically this medical expert will be biased against you. When you hire a lawyer, everything changes. All communication must go through your lawyer. Your lawyer will refer you to one or more medical experts so that if your case goes to court, the judge will have medical expert reports from both sides.

What to do if you have been denied benefits

If you have been denied long term disability benefits, or if your long term disability benefits have been terminated, you should see a lawyer immediately. Some individuals are fooled by their insurance company’s invitation to appeal the denial or termination.

These appeals are all dealt with by the insurance company’s own staff. Almost all appeals are unsuccessful. The longer the appeal process takes, the longer it takes to start a lawsuit. The longer it takes to start a lawsuit, the longer it takes to get a trial date. Even worse, if you allow the appeal process to drag on for more than 2 years without starting your lawsuit, your case is finished. You are not allowed to sue more than 2 years after a denial or termination.

Why hire Tim Louis if your insurance claims have been denied?

I have almost 40 years of experience fighting insurance companies on behalf of disabled individuals. Insurance companies do not like me. I recognize that many people are fearful of going to trial, so I always aim to get my client what they would likely receive at trial in an out of court settlement instead. One of the best ways to decide whether or not a lawyer is the right lawyer for you, is to look at their online reviews. I am very proud of the over 100 online reviews I have received that have given me a 4.9 star rating. I only get paid if we are successful.

Personal Injury Lawyer Vancouver BC

If you have been injured as a result of someone else’s or a corporation’s fault, you are entitled to compensation for not just your pain and suffering, but also your lost income, including income you will lose in the future. You must start your lawsuit within 2 years of suffering your injury. If you fail to do so, your lawsuit is out of time. Many people are unaware of the fact that if they wish to sue a municipality, say for a trip and fall on a municipal sidewalk, there is a special requirement that they must serve the city clerk with written notice setting out the general details of what happened, including where and when. This written notice must be served on the city clerk within 60 days of the injury.

I have acted for individuals suffering from all types of personal injuries including slip and fall, dog bite(s) and burns. Many of my slip and fall cases occur inside retail establishments where my client slips on water or produce. I have acted for clients who have suffered very serious dog bites. Injury from burns may occur in a restaurant where boiling water or other liquid(s) is accidentally poured on my client. I have acted for individuals who were burned by the hot water coming out of their residential tap as a result of the landlord setting the hot water tank at too high a temperature.

When to hire a personal injury lawyer?

If you have suffered a personal injury, you should hire a lawyer, specifically one with a proven track record. In most cases, the party responsible for your injury will have insurance. The insurance company will assign an adjustor to your case, whose specialty is reducing the amount of money you receive. A lawyer will level the playing field.

What to do if you have been injured?

If you have been injured, and the party at fault has insurance, you should not talk to anyone from the insurance company. Instead, you should hire a lawyer with a proven track record. You should keep track of all of your out of pocket expenses, including medical expenses. If, due to injury, you are unable to apply for a job you had been planning on applying for, you should keep a record of the name of the potential employer and what the pay would have been. You should see your family doctor on a regular basis, so that there is a record of your symptoms in your medical file.

Why hire Tim Louis?

As my over 140 online reviews confirm, I get results, while at the same time providing accessible client-centered legal representation. I have been acting for injured individuals for almost 40 years. I am known for moving my client’s file along without unnecessary delays. As many clients are reluctant to go all the way to trial, my goal, whenever possible, is to get my client an out of court settlement equal to what they would have achieved at trial.

Employment law in BC – Tim Louis

Most employees are governed by provincial legislation. However, employees working in industries that are federally regulated such as airlines and banks, are governed by federal legislation. If you have been terminated without adequate notice by your employer, then you are entitled to compensation unless your employer had just cause for the termination. Theft, chronic tardiness, and insubordination are a few examples that would give an employer just cause to terminate without notice.

If your employer terminates you alleging they have just cause, that does not necessarily mean that they do. I have acted for many clients whose employer terminated them alleging just cause, but I was able to demonstrate that the ‘just cause’ did not actually exist. If you sue your employer for termination without cause, then you may be entitled to pay in lieu of notice in the range of 4-5 months of pay per year of employment.

When to hire an employment lawyer?

If you have questions about any of the above areas, then you are better off hiring an employment lawyer who will provide you with the legal advice you need to make informed decisions. Most employers know much more about employment law than their employees. When the employee hires a lawyer, the employee is no longer at a disadvantage.

Why work with employment lawyer Tim Louis?

I have almost 40 years of experience representing employees. I never act for the employer. I have a proven track record of winning victories for my clients. Clients that want to hire me on a percentage basis know that they will only pay me if I win for them.

Estate Litigation Law in BC

The Wills, Estates and Succession Act (WESA) came into force in 2009 replacing the Wills Variation Act. WESA gives any child, including an adult child, and the spouse of a deceased person the right to apply to court to vary the will of the deceased person. The court will look at many factors, including the size of the estate and the financial situation of the applicant.

I have acted for minor children, adult children, and the spouse of a deceased person who left a will that did not make adequate provision for my client. I have also acted for individuals named in an earlier will, but not named in the deceased’s last will where the deceased person did not have the mental capacity to make the last will.

When to hire an estate litigation lawyer

If your parent or spouse has passed away and you feel that they do not make adequate provision for you in their will, you should see a lawyer immediately. You may have a very strong case on an application to court to have the deceased’s will varied. You should also see a lawyer immediately if you were named in an earlier will but the deceased did not put you in the current will, and you feel the deceased lacked the mental capacity to make the last will.

Why work with Tim Louis?

I have almost 40 years of experience helping the disinherited contest wills and transfers – and win. As my countless online reviews will attest, I provide the very best client-focused service.

Vancouver Lawyer Tim Louis

When to contact a lawyer?

If you have a legal concern, it almost always pays to consult a lawyer. Most lawyers will provide the initial consultation for free, or for a very low fee. This is well worth the investment as you may fail to exercise your rights without getting legal advice.

The benefits of working with a trial lawyer

Managing a lawsuit all the way up to, and if necessary trial, is a complex matter. The rules of court are complex. A trial lawyer knows how to properly prepare your case. This actually reduces the likelihood of the matter going to trial, as the other side sees how well prepared you are. If it does go to trial, your case will be properly presented to the judge.

First steps? Free consultation

Your first step is to find a lawyer experienced in your area of law. You might try talking to friends or acquaintances. Many people looking for a good lawyer will choose instead to do an online search, which will give a much wider list of potential lawyers. It will also provide an opportunity to read about the lawyer on their website. Finally, it will provide an opportunity to read online reviews.

Many lawyers will offer free consultations. Some individuals looking to hire a lawyer will choose to interview two or three lawyers before choosing the one they are most comfortable with.

Contact Tim Louis

If you are looking for the advice of an experienced lawyer, call me. I have been practicing law for almost 40 years, and I have the results to show why I’ve been in the business for so long.

My law firm phone number is 604-732-7678.

My cell is 778-855-3494.

Chronic Fatigue Syndrome

Chronic Fatigue Syndrome and Long-Term Disability

by Tim Louis

Chronic Fatigue Syndrome is considered by some to be an orphan illness. This is because there is no cure for the disease and because there is no accepted medical test to diagnose it. In fact, many doctors do not recognize it. However, for the individuals suffering this debilitating condition, it is very real. Even what they call it is in dispute. Most patients prefer “myalgic encephalomyelitis,” or ME. However, the medical literature uses “chronic fatigue”.

Chronic Fatigue Syndrome is profoundly disabling. It renders individuals unable to get out of bed for days at a time. Sleep is no longer ever refreshing. It also strikes very quickly – one day the individual is healthy, and the next day the individual wakes up with the sensation of a bad flu. However, the “flu” never goes away. In some cases, it is so disabling as to paralyze a limb or even cause temporary blindness.

It is not unusual for individuals to believe they are going crazy when they first get Chronic Fatigue Syndrome.

Figures for Canada are not available, but it is thought that CFS afflicts between 836,000 and 2.5 million Americans.

For many years, a number of doctors believed the disease was all in the patient’s head.

Chronic Fatigue Syndrome – Denied Long-Term Disability Benefits?

I have represented many individuals suffering from Chronic Fatigue Syndrome. When denied the Long Term Disability Benefits they are entitled to, they hire me to sue their insurance company. One thing I noticed is that “good days” were always followed by “bad days”. In fact, because the “good day” was a gift from heaven, my client would do everything she or he wanted to do on that day. The sad result is that they would then be much much worse the following day. The trick was to always limit their activities on “good days” to half of what they felt they could do. This would result in a much better day the following day.

Long-Term Disability Benefits for Chronic Fatigue Syndrome Denied?

Long Term Disability insurance companies typically reject applications from CFS patients because the patient is unable to objectively prove the presence of the condition. I address this problem head on. I rely on witnesses who give evidence as to my client’s day to day activities. If my client has witnesses that confirm an inability to get out of bed for days on end and an inability to carry on a normal life, then my client’s lawsuit is much stronger.

I also warn all of my Chronic Fatigue Syndrome long-term disability clients that their insurance company will almost certainly hire a private investigator to capture them on video on a “good day”. Insurance companies think this will be devastating at trial. However, as I mentioned above, witnesses who give evidence that my client simply has good days and bad days, will usually outweigh the video evidence.

I have encountered this many times, representing Chronic Fatigue Syndrome long-term disability clients. In one case, one year into the lawsuit, the insurance company hired an actress to knock on my client’s door. When he opened the door, she told him that her car has stalled in front of his house. He willingly agreed to her request that he push her car out of the way. Unbeknownst to my client, all of this was captured on video by the private investigator. Fortunately my client’s landlord was an RCMP officer who was witness to the fact that my client literally spent days on end in bed. The case settled out of court with the insurance company paying my client over $300,000.

If you have Chronic Fatigue Syndrome and your Long-Term Disability insurance company has denied you the benefits you are entitled to, call me for a free initial consultation. I have been suing Long Term Disability insurance companies for over three decades.

Learn More about Chronic Fatigue Syndrome

What is Chronic Fatigue Syndrome?

What is myalgic encephalomyelitis/chronic fatigue syndrome (ME/CFS)?

Chronic fatigue syndrome and fibromyalgia in Canada

Employee Rights when Terminated

Your rights as an employee if you have been terminated

by Tim Louis

Being terminated without cause or dismissed from your employment can be one of the most stressful experiences you have ever encountered. You may be tempted to accept whatever compensation your employer is offering you. Do not do so without first taking the advice of an experienced employment lawyer.

If you have been terminated by your employer, the first question that needs to be answered is: Were you terminated with cause or without cause?

Employee rights when terminated with and without cause

If your employer had cause to terminate your employment, then you do not have a right to severance pay. A few of the more common reasons for termination with cause include fraud, chronic refusal to follow directions from your employer, intoxication while working, and establishing your own business in competition with your employer. I frequently act for clients who have been terminated by an employer who alleges cause. However, once I commence a lawsuit on behalf of my client, it soon becomes apparent that my client’s former employer did not have cause.

If your employer did not have cause to terminate your employment, then you are entitled to severance pay.

If you are entitled to severance pay because your employment was terminated without case, then the next question is whether the amount of your severance pay should be calculated based on statutory law or common law. Many of my clients are confused by the difference between these two types of law -which entitle an employee, terminated without cause, to very different amounts of compensation.

Statutory law is law based on a statute -in the case of employment law, the Employment Standards Act. This act entitles an employee, terminated without cause, to severance pay as follows:

after 3 consecutive months of employment – one week’s wages
after 12 consecutive months of employment – 2 weeks wages
after 3 consecutive years of employment – 3 weeks wages plus 1 additional week of wages for every year of employment to a maximum of 8 weeks wages

Common law is law based on all Court judgments – in this case, lawsuits where an employee successfully sued their employer alleging the termination of their employment was without cause. Under common law, the amount of severance pay awarded in each case is different based on many factors such as: age of the employee, length of the employment and type of position. As a rough rule of thumb, the common law entitles an employee terminated without cause to one month’s severance pay for every year of employment.

As you can see, the amount of severance pay you are entitled to, if your employment is terminated without cause, is more under common law than it is under statutory law.

Making a claim for wrongful termination

Making a claim for wrongful dismissal means that you need to know your employee rights when terminated.

If you decide to make a claim for severance pay under the Employment Standards Act, [statutory law], you may do so without a lawyer. The British Columbia Labor Standards Branch will investigate your case to determine whether or not your employment was terminated without cause.

If they find that your employment was terminated without cause, they will issue an order directing your employer to pay you severance pay as described above. Some terminated employees will choose the option of statutory law over the common law option as it is usually quicker and does not usually require a lawyer.

If you decide to make a claim for severance pay under common law, you will almost certainly require a lawyer as this choice involves filing a lawsuit in Court. Although this option can typically take longer than filing a complaint with the Labor Standards Branch and will be more expensive as you typically require a lawyer, you may receive significantly more severance pay.

Finally, many of my clients are unaware of the fact that their entitlement to severance pay is reduced by the amount of any income they earn after their wrongful termination during the time period covered by the severance pay. In other words, if the Court awards you severance pay representing 6 months of employment, then any income you earned in the first 6 months after your wrongful termination will be deducted from the amount you would have otherwise been entitled to.

Free consultation

If you have any questions about your termination or about the other many areas of employment law that I practice, such as non-competition clauses, harassment, your employer contracting out of the common law, or your employment contract, give me a call on my cell 778-855-3494. I really enjoy going to bat for the proverbial underdog.

N.B. Most employees work for employers governed by Provincial law. However a relatively few types of employers, such as banks and airlines, are governed by Federal law. This blog provides information for employees who work for employers who are governed by Provincial law.

Learn more about employee rights when terminated

Learn more from the Employment Standards Act.

Personal Injury Lawyer Vancouver

Personal Injury Lawyer Tim Louis

by Tim Louis

I have been fighting for injured clients for over 37 years. My goal is to achieve an out of court settlement for trial dollars. My motto is the best way to avoid a trial is to prepare thoroughly for the trial. This sends a clear message to the other side that I mean business and that if they are not prepared to offer trial dollars, then we will proceed to trial.

For most clients, the foundation of their case is getting excellent expert reports. This begins with my client’s family doctor who I ask to provide not just a clear diagnosis of the injuries, but also the treatments provided and, perhaps most importantly, a prognosis. The length of time an injured person will require to fully recover plays a large role in determining the amount they would receive at trial.

Next, I obtain expert reports from medical specialists. Finally, if my client is never going to fully recover, I obtain expert reports from an occupational therapist and a vocational expert. These two types of reports build a strong case for a claim for compensation for loss of income.

Personal Injury Lawyer: Examinations of Discovery

One of the most important steps in a lawsuit is Examinations for Discovery. At this step, the lawyer for the defendant examines my client over oath. There is no judge present, but there is a court reporter, who takes a transcript of all of the questions and answers. By thoroughly preparing my client in advance of the Discovery, the defendant’s lawyer gets a glimpse of what they will be up against if the case goes to trial.

Throughout my client’s case, I keep them fully informed and up date. This mean copying them on all incoming and outgoing correspondence such that the file they keep in their home is a copy of the file in my office. My law office prides itself on how accessible we are.

Personal Injury Cases

As a personal injury lawyer in Vancouver, I have represented clients with every type of injury including slip and falls, dog bites, and burns. While I get great satisfaction no matter what the type of case, I particularly enjoy fighting for clients who have been turned away by other lawyers who felt the case was too weak. I just settled a case where my client fell while boarding a bus.

The questions was had she slipped or tripped. If she had slipped, then the bus company was probably not at fault. If she had tripped and it could be proven that the cause of her trip was an object that should have been repeal, then the bus company would be at fault. Immediately after her fall, she was taken to the emergency department where the nurse made a note that she said she had slipped.

The first personal injury lawyer she retained would not continue acting for her. I enjoy difficult cases and took her on with open arms. By aggressively and thoroughly examining the bus driver under oath at an Examination for Discovery, I was able to establish that, in all likelihood, she had tripped on a protrusion. We settled out of court for trial dollars.

Many of my clients want to know at the very beginning whether or not they have a case. As the above example shows, even a weak case is worth pursuing if you have an aggressive lawyer willing to put in the time to build your case.

The worth of your claim depends to a large degree on the quality of the expert reports your lawyer obtains for you. I take the time to obtain expert reports that will help you get what you deserve – trial dollars without going to trial.

Personal injury settlements are not taxable. This is a piece of great news most of my clients are unaware of.

Find the Right Personal Injury Lawyer

One of the best ways to find the right lawyer for you is to see what other clients say about them. Google reviews is a great place to start. Once you have selected one or two lawyers, you should discuss the possibility of a contingency fee if you are unable to afford paying hourly.

Contact Personal Injury Lawyer Tim Louis

If you would like a free consultation, call me any time – 778-855-3494.

Learn more about Tort Law in Canada

Personal injury law is categorized under Tort Laws in Canada.
Learn more about Personal Injury and Tort Law

Long-Term Disability Claim

by Tim Louis

Long-term disability insurance is designed to protect you in the event of serious injury or illness. If your psychological or physical condition prevents you from being able to work, the insurance company should pay out a monthly benefit. This is designed to provide some financial support for your care and treatment.

However, Insurance Companies Deny Long-Term Disability Claims

Unfortunately, the reality is that insurance companies deny long-term disability claims. Sometimes rehabilitative therapy for people suffering from a long-term disability can be helpful, but it is not always the case. Permanent disability can sometimes be the result as well. However compensation of long-term disability benefits is the least you should expect if you have insurance.

Dealing with insurance companies can be very difficult, particularly if you are dealing with a serious illness or condition. Having a lawyer, like Tim Louis, to guide and protect you through the process is the key to getting the compensation you deserve. If your long-term insurance claim has been denied, call Tim Louis at (604) 732-7678 for a free consultation.

Long-term Disability Claim Denied

H.G. contacted me just over two years ago. She was referred to me by a previous long term disability client of mine who was very pleased with what I did for her. H.G.’s long term disability insurance company had just denied her claim for LTD benefits. H.G. had lost the ability to work at her very physically demanding position. She had developed Activity-Related Soft Tissue Disorder (ASTD) with myofascial injury to her cervical spine and shoulders. She had also aggravated her pre-existing degenerative disc disease.

She suffered from chronic joint and muscle pain, muscle spasms, numbness, neck pain, shoulder pain and pain and stiffness whenever she would bend, lift or walk.

I immediately obtained a copy of her insurance policy and then filed her lawsuit in the Vancouver Registry of the Supreme Court of B.C. Her insurance company filed a boilerplate response. They actually denied that she was disabled!

Insurance companies take me seriously and so it did not surprise me that fairly soon after the lawsuit had started they began to make offers of settlement. With my client’s instructions I rejected offer after offer.

The insurance company then conducted an Examination for Discovery of my client. At this step in a lawsuit there is no judge present. There is a court reporter who takes down a transcript of all the questions asked by the opposing lawyer and all of my client’s answers. I always prepare my clients extremely well before this step in the lawsuit. With H.G., this was no exception. While H. G. was a credible witness, I knew the insurance company lawyer might try to get her confused and then take advantage of the inevitable inconsistencies as she spoke.

A few days before the Discovery, I engaged her in a mock Discovery so she could practice what it would be like to be under a bit of stress. She did very well at the Discovery. H.G. came across as a likable, believable and reliable witness. After the Discovery, she told me how helpful our preparation together had been for her.

Shortly after the Discovery, the insurance company lawyer asked if we might be agreeable to Mediation. I recommended to H.G. that she accept the insurance company’s suggestion of mediation. Mediation is off the record, that is if settlement is not reached during mediation and the lawsuit proceeds to trial, nothing said at Mediation can be used against the client.

Mediation is a process whereby the parties engage in active negotiation with the assistance of a trained professional mediator. Throughout the day, the mediator will alternate between bringing the two parties together into the same room for face to face negotiations and separating the parties into two separate room shuttling back and forth between the parties. A mediator is different from an arbitrator in that an arbitrator makes a decision that is binding on both parties whether they liked the decision or not. Whereas a mediator only makes recommendations.

At the mediation, the insurance company slowly increased their offer of settlement – one-hundred thousand, one-hundred twenty thousand… two-hundred thousand and then finally two-hundred twenty-five thousand. I calculated that this was more than my client would receive at trial if she won. With great pleasure and a lot of relief, H.G. accepted the offer and we had a settlement. I had achieved the goal I aim for with all of my long-term disability clients – settle for nothing less than trial dollars without going to trial.

Has your Long-Term Disability Claim Been Denied?

If your long-term disability claim has been denied, call Tim Louis at (604) 732-7678 for a free consultation. Get the compensation you deserve.

Get the help you need. Give Tim Louis a call today at (604) 732-7678 for a no-fee telephone consultation, during which he will answer all your questions, no matter how complex. If you have received the insurance claim denial in writing, he will also review the letter and schedule a second no-fee telephone consultation to review and assess that long-term disability claim denial.

Don’t let the insurance company bully you into a settlement. Before you accept any decision, contact Long-Term Disability Lawyer Tim Louis.

Have a question? Use our convenient “Get Help” chat below.

Long Term Disability Plan Regulation

Tim Louis” target=”_blank” title=”Learn more about long-term disability plan regulation in BC”>Learn more about how the BC Government regulates long-term disability plans and long-term disability claims.

Wrongful Termination

by Tim Louis

If your employment has been terminated by your employer , you are entitled to severance pay unless your employer is able to prove they had cause to ‘let you go’. Cause would include: theft, insubordination, and chronic tardiness. If your employer did not have cause, then you are entitled to severance pay. The amount of severance pay you are entitled to is governed by two different types of law – statutory law and common law.

Generally speaking you are entitled to more severance pay under common law than under statutory law.

Employment Law: What is the difference between Statutory and Common Law?

Statutory law is law created by government when it passes a statute. If your employer’s type of business is governed provincially, then British Columbia’s Employment Standards Act is the statute. If your employer’s type of business is governed federally, then federal law applies. Most types of businesses are governed provincially. Banks and Airlines are two examples of types of businesses that are governed federally.

Common law is law created each time someone goes to Court. Over time, literally thousands of cases are decided by a Court. In each case, the judge decides how much severance pay to award by looking at many different factors such as length of employment and age of the terminated employee.

What is Considered Wrongful Termination in British Columbia

In British Columbia, the Employment Standards Act provides you with the following statutory entitlement to severance pay if you have been terminated without cause. Being fired, or let go without cause is known as wrongful termination or wrongful dismissal.

After 3 months of service: 1 weeks’ pay
After 12 months of service: 2 weeks’ pay
After 3 years of service: 3 weeks’ pay, plus 1 week of pay for each additional year of employment (to a maximum of 8 weeks)

In British Columbia, the common law will entitle you to severance pay in the range of 4 to 6 weeks severance pay per year of employment depending upon many different factors as described above.

Remember that you are not entitled to any severance pay -either statutory or common law – if your employer can prove they have cause to terminate your employment.

Can I Sue for Wrongful Dismissal?

However just because your employer says they have cause to terminate, doesn’t mean they do. I had a case recently where I sued my client’s former employer. In their Response to Civil Claim, the employer alleged just cause. They listed numerous allegations against my client, including diverting customer money into my client’s own pocket.

However, as soon as I demanded particulars of each and every allegation from the employer’s lawyer, their case began to fall apart. I ended up forcing the employer to pay my client a very significant amount of money due to wrongful termination.

Wrongful Termination: What am I entitled to?

If your employer’s business is covered by provincial law, then you are not entitled to your job back if your employer did not have just cause. All you are entitled to is severance pay.
If your employer’s business is covered by federal law, you may be entitled to your job back.
If you have been terminated, it is very important you seek legal advice from an experienced labor lawyer.

I have been Wrongfully Dismissed – what are the next steps?

If you have been wrongfully terminated, contact Wrongful Dismissal lawyer Tim Louis for a free telephone consultation.

Don’t accept a severance offer, or an exit agreement before first talking to an employment lawyer.

Tim is on your side to fight for you and get the compensation you deserve or file a compliant.

Contact Tim Louis today at (604) 732-7678!

Learn More about Your Rights

You need to know your rights, in order to ensure you are treated with the respect you deserve. Employment in British Columbia falls under the Employment Standards Act.

Here are some links to learn more.
Employee Rights in British Columbia
Employment Standards Act – BC Law
Workplace Rights
Wrongful Dismissal

Author: Tim Louis

What is constructive dismissal?

What are examples of constructive dismissal?

Employment Standards Act BC and Contract Law

How do you prove constructive dismissal in British Columbia?

What constitutes a toxic work environment?

Do I have to resign to sue for constructive dismissal?

What should I do if I have been constructively dismissed?

What steps should an employer take to prevent a claim for constructive dismissal in the province of British Columbia?

Why hire an employment lawyer?

Contact Tim Louis for a free legal consultation today at 604-732-7678 or timlouis@timlouislaw.com

Personal Injury Law Case: Another Great Victory for the little guy

Injury at Walmart

Mediation in Personal Injury Law Case

Contact Tim Louis Today

When should I hire a personal injury lawyer?

Areas of Practice

Dealing with Insurance companies

Liability for Property Owners

Proving Liability – Personal Injury Legal Tips

Why hire Personal Injury Lawyer Tim Louis?

Further Reading – Personal Injury Law

Long Term Disability for Anxiety and Depression

What is the difference between Anxiety and Depression?

Common Questions about Anxiety and Depression and Long Term Disability

Suffering from Depression and/or Anxiety?

Making a Claim for Long Term Disability for Anxiety and Depression

Further Reading

BC Lawyer Tim Louis

Disability Lawyer Vancouver BC

Why hire a disability lawyer?

What to do if you have been denied benefits

Why hire Tim Louis if your insurance claims have been denied?

Personal Injury Lawyer Vancouver BC

When to hire a personal injury lawyer?

What to do if you have been injured?

Why hire Tim Louis?

Employment law in BC – Tim Louis

When to hire an employment lawyer?

Why work with employment lawyer Tim Louis?

Estate Litigation Law in BC

When to hire an estate litigation lawyer

Why work with Tim Louis?

Vancouver Lawyer Tim Louis

When to contact a lawyer?

The benefits of working with a trial lawyer

First steps? Free consultation

Contact Tim Louis

Chronic Fatigue Syndrome and Long-Term Disability

Chronic Fatigue Syndrome – Denied Long-Term Disability Benefits?

Long-Term Disability Benefits for Chronic Fatigue Syndrome Denied?

Learn More about Chronic Fatigue Syndrome

Your rights as an employee if you have been terminated

Employee rights when terminated with and without cause

Making a claim for wrongful termination

Free consultation

Learn more about employee rights when terminated

Personal Injury Lawyer Tim Louis

Personal Injury Lawyer: Examinations of Discovery

Personal Injury Cases

Find the Right Personal Injury Lawyer

Contact Personal Injury Lawyer Tim Louis

Learn more about Tort Law in Canada

Long-Term Disability Claim

However, Insurance Companies Deny Long-Term Disability Claims

Long-term Disability Claim Denied

Has your Long-Term Disability Claim Been Denied?

Long Term Disability Plan Regulation

Wrongful Termination

Employment Law: What is the difference between Statutory and Common Law?

What is Considered Wrongful Termination in British Columbia

Can I Sue for Wrongful Dismissal?

Wrongful Termination: What am I entitled to?

I have been Wrongfully Dismissed – what are the next steps?

Learn More about Your Rights

Contact Tim Louis & Company Law Firm

About Tim Louis & Company Law Firm

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