Termination without cause

BC Lawyer Tim Louis

Tim Louis Award for Pro Bono Service

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 Claim

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.

Wrongful Termination or dismissal

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.

BC Lawyer TIm Louis

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.

Tim Louis Law Testimonials and Google Reviews

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.

Employee Rights when Terminated

Wrongful Termination

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.

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