Employment problems can involve statutory minimum standards, contract terms and other legal principles at the same time. The right starting point depends on the worker, workplace and issue.
Keep the offer letter, employment agreement, policy acknowledgements, compensation records and later amendments. If employment ends, preserve the termination letter and any proposed release or severance agreement.
Do not assume a document labelled standard is unimportant. Contract language can affect legal analysis.
Workplace disputes may also overlap with human rights, occupational safety, privacy, disability accommodation or contractual issues. Identifying the actual legal question matters because different agencies and processes have different powers and deadlines.
If you are uncertain about the consequences of a severance or settlement document, consider obtaining legal advice before the acceptance deadline.
The Employment Standards Act addresses matters including wages, hours, leaves and termination for employees within its coverage. Some workers and sectors fall under different rules or federal jurisdiction.
Statutory minimums are not necessarily the only legal consideration in every termination. Individual advice may be needed to assess a contract and circumstances.
Employees and employers should both be cautious about treating an internet severance formula as a definitive answer. Statutory entitlements, contractual language and other legal principles may all require consideration.
A Vancouver workplace is not automatically provincially regulated. Certain industries are federally regulated.
Keep relevant pay records, schedules, written communications and policies. A concise timeline is easier to review than a large collection of screenshots without dates or context.
Respect confidentiality and privacy obligations when preserving records. Do not take information you are not entitled to possess.
List the key employment dates, role changes, compensation changes, complaints or discipline, and the date of any termination or resignation.
Some disputes may involve the Employment Standards Branch, a human rights process, a union grievance, civil litigation or another mechanism. The appropriate route depends on the legal issue and workplace.
A lawyer can help identify which process may apply when the categories overlap.