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Discipline and termination
Are there state-specific laws on the procedures employers must follow with regard to discipline and grievance procedures?
No. However, the common law rule regarding 'just cause' termination requires employers to undertake an investigation and present any allegations to the employee so that he or she can provide an explanation.
At-will or notice
At-will status and/or notice period?
Notice period. Canada is not an at-will jurisdiction. Therefore, on termination without cause, employees must be provided with notice of termination or pay in lieu. This entitlement may be included in a contract. If not, in British Columbia, the Employment Standards Act sets a minimum notice entitlement ranging between one to eight weeks depending on length of service. Further, common law provides a greater right to notice.
What restrictions apply to the above?
In an employment contract, the employer and employee can agree to the employee’s entitlements on termination, as long as those entitlements satisfy the minimum requirements under applicable employment standards legislation.
Are there state-specific rules on when final paychecks are due after termination?
Under British Columbia law, final pay must be provided within 48 hours after termination (or six days after resignation). Under federal law, final pay must be provided within 30 days.
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