Best Employment Lawyers in Pitt Meadows, BC

If your employment contract contains an obligation on the part of your employer to pay overtime pay for overtime work, and you are dismissed without proper notice, your damages would properly include an amount to compensate you for overtime you would have worked. To establish a contractual right to overtime pay, which would be enforceable in a court action, you must show an agreement between yourself and your employer that you would be paid for overtime at overtime rates. This could be an express agreement (either written or simply made by discussion) or it may be established by an actual practice that was followed prior to your dismissal. Also, you will need to prove that if the employer did give you proper notice, your overtime work would have continued.

In a wrongful dismissal claim, if successful, you will be awarded compensation in the form of lump sum damages. This would normally include amounts you would have received during a reasonable notice period such as base salary or wages. It can also include amounts to compensate for lost benefits.

If you refuse to sign a release, it has now been confimed that Freightliner will pay you all severance amounts they have said they will pay in notices of termination, regardless of whether you refuse to sign a Release.

If you sign a Release you will be precluded from advancing the claims that are specified in the release against Freightliner. Thus, the effect of the Release depends on the specific language.

The answer to this question depends on circumstances which cannot be determined with certainty at this stage. Depending on the nature and extent of discussions between TevlinGleadle, class counsel, and counsel for the defendants, early resolution of some or all of the issues might be achieved, even in the next few months. Early steps are being taken in the action, to exchange formal positions (Statement of Claim, Statements of Defence), and to seek an order certifying the proceeding as a Class Action. The certification application is required by the Class Proceedings Act to occur within 90 days of the time when the defendants are supposed to have filed their Statements of Defence.