What is a Termination Without Cause?

Employers can give written working notice, or an equal amount of pay called compensation for length of service. They may also give a combination of both notice and pay. Termination without cause occurs where an employee is fired or let go for reasons that are not related to serious misconduct. In these situations, an employee can be asked to leave with no reason given for the termination.

If an employee has been terminated with cause, that means the employer has enough legal reason to end their employment immediately because of significant wrongdoing. There must have been conduct by the employee which goes to the root of the employment contract, fundamentally strikes at the employment relationship and therefore fractures the employment relationship that cannot be recovered. It is considered one of the harshest ways to be dismissed by an employer. Examples of conduct include serious misconduct, incompetence, theft or fraud, and willful disobedience.  

Proper estate planning is essential for individuals who are planning to provide for a disabled beneficiary. Depending on the nature of the disability – whether it be a physical or cognitive limitation – various planning techniques may be used for a disabled beneficiary, to protect their inheritance, assist with spending and decision-making, and minimize risks for vulnerable adults who may otherwise be subject to undue influence. Proper legal advice from a lawyer well-versed in disability law is essential.

Claims to Return Assets to an Estate

If assets that should be part of an Estate have been depleted (through undue influence, fraud, or by improper gifts) an executor (or beneficiaries) may be able to bring an claim to have them returned.

How to Remove and Executor / Trustee?

A court application is usually required to establish the executor has breached their duty to the Estate / Beneficiaries. It is a fairly high threshold and a last resort.

A “Passing of Accounts” is usually the last step of the Estate process. It is technically a formal court process where the Judge approves the accounting of the Personal Representative. There are ways it can be done informally.

How do I collect on a debt?

If the debtor has refused to pay or won’t respond to your requests for payment, you can collect your debt through the Courts. A lawsuit is often the most effective way to negotiate a repayment play than is agreeable to both parties. It may take a court judgment for the debtor to pay.

What is probate?

Probate is a process that verifies a will is real under British Columbia laws. It is a judicial process where a will is “proved” in a court of law and accepted as a valid public document that is the true last testament of the deceased. It gives third parties, such as banks and ICBC, assurance that the Will is valid, can be relied on, and that the executor has authority to deal with the deceased’s assets.

Employees and employers often confuse “layoff” with “termination” and vice versa. This post discusses some fundamental differences between a layoff and a termination so that employees and employers can better understand their rights and obligations.

A Will does not provide for the spouse/child, can I do anything about it?

If you are among the 60% of British Columbians who does not have a Will, it is time to finally schedule your appointment to make one! These are the top 3 reasons it is worth your time and money to make a Will and do it right.

When couples separate, there are a number of issues which require attention, including division of property, division of debt, guardianship, parenting time, child support and spousal support.

A Power of Attorney is a legal document that allows you to give authority to a trusted person (your “attorney”) to manage your legal and financial affairs while you are still alive.

There are many kinds of trusts, which can be used for many different purposes. Put very simply, a trust is an interest in property. More particularly, a trust is an equitable or beneficial right or title to property, real or personal, held for the beneficiary (equitable owner) by another person (legal owner).

I appointed my spouse/daughter/friend to be my power of attorney. That will allow them to make my medical decisions for me if I become incapable, right?