What Is Wrongful Dismissal In BC?

Wrongful dismissal in BC happens when a non-unionized employee is fired and does not receive the full amount of working notice or pay in lieu of notice they are legally owed. In everyday language, this compensation is often called severance pay.

The most important point is that wrongful dismissal does not necessarily mean your employer had no right to fire you. An employer can generally end employment without cause for many reasons, as long as the reason is not illegal and the employee receives proper notice or pay. A termination can be lawful, but the severance package can still be wrongful.

The terms wrongful dismissal and wrongful termination are often used to describe the same issue in British Columbia. Many people also search for “unfair dismissal,” but fairness alone is not the legal test.

Key point: If you were fired in BC, do not assume the first severance offer is the full amount you are owed. Many non-unionized employees have rights beyond the minimum amounts in the BC Employment Standards Act.

Watch the video below from the Employment Law Show for a simple explanation of wrongful dismissal, then read on to learn how compensation and claims work in BC.

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How Do I Know If I Was Wrongfully Dismissed In BC?

You may have been wrongfully dismissed if your employer ended your employment and failed to provide the notice or compensation required by law. Common warning signs include:

  • You were fired without cause and received little or no working notice or severance pay.
  • Your employer offered only the minimum amount required by the BC Employment Standards Act, even though you may have greater rights under common law.
  • Your employer claimed just cause and paid no severance, but the misconduct was minor, unproven or not serious enough to justify dismissal without compensation.
  • Your employer made a major change to your pay, duties, hours, location or position without your agreement, which may amount to constructive dismissal.
  • Your employer is relying on a termination clause in your employment contract that may not be enforceable.
  • Your termination happened after a medical leave, accommodation request, workplace complaint or other protected activity. This may create additional legal claims beyond wrongful dismissal.
ℹ️ A termination without cause is not automatically wrongful. The key issue is whether you received the full notice or pay you were legally entitled to receive.

What Compensation Can You Get For Wrongful Dismissal In BC?

Wrongful dismissal compensation in BC can range from the statutory minimum to many months of pay. In some cases, a non-unionized employee may be owed up to 24 months’ pay. There is no standard average or simple one-month-per-year-of-service formula.

BC Employment Standards Act Minimums

The BC Employment Standards Act provides minimum notice or compensation for length of service. Depending on how long you worked for the employer, the statutory minimum can reach a maximum of eight weeks.

These amounts are only the legal floor. Many non-unionized employees are entitled to more.

Common Law Reasonable Notice

If your employment contract does not legally limit your rights, you may be entitled to common law reasonable notice. The amount can be much greater than the Employment Standards Act minimum.

Key factors include your:

  • age;
  • length of service;
  • position and responsibilities; and
  • ability to find comparable work based on your experience, training and qualifications.

Bonus, Commission, Benefits And Other Compensation

A wrongful dismissal claim may also include compensation you would have earned during the notice period, such as salary, benefits, bonuses, commissions and other forms of compensation. Your employment contract and compensation plans can affect what is included.

Additional Damages In Some Cases

Additional damages may be available when an employer acts in bad faith during the dismissal. A termination connected to discrimination or another protected ground may also create a separate human rights claim.

Do not calculate your severance using only your years of service. Two employees with the same length of service can have very different entitlements. Use our Severance Pay Calculator for a quick estimate, then get legal advice before you sign.

Employees who pursue common law damages also generally have a duty to take reasonable steps to look for comparable work. Income earned from a new job during the notice period can affect the final amount of damages.

Wrongful Dismissal Vs. Wrongful Termination Vs. Unfair Dismissal

Wrongful dismissal is the legal term most commonly used for a claim that an employer failed to provide proper notice or pay when ending employment.

Wrongful termination is commonly used to mean the same thing.

Unfair dismissal is a broader everyday phrase. A firing can feel unfair without being a wrongful dismissal if the employer provides the full legal entitlements and the reason for termination is not illegal. The reverse is also true: an employer may have a legitimate business reason to end a job, but the dismissal can still be wrongful if the employee receives too little notice or compensation.

Can I Sue For Wrongful Dismissal In BC?

Yes. A non-unionized employee who did not receive proper notice or compensation may be able to make a civil claim for wrongful dismissal.

That does not mean every case goes to trial. A wrongful dismissal lawyer will usually begin by reviewing your employment contract, termination letter, severance offer, length of service and the circumstances of the dismissal. A claim can then be pursued through negotiation and, when necessary, litigation.

⚠️ Before starting a claim, do not sign a release or severance agreement without legal advice. Once you sign away your rights, it can be difficult or impossible to pursue more compensation.

Do I File A Wrongful Dismissal Claim With The BC Labour Board?

Usually not if you are a non-unionized employee seeking common law wrongful dismissal damages. The BC Labour Relations Board primarily deals with labour relations in unionized workplaces.

The BC Employment Standards Branch is different. It can deal with minimum rights under the Employment Standards Act, including statutory compensation for length of service. However, it does not award the larger common law reasonable notice damages available through a wrongful dismissal claim.

This distinction matters because a person searching for the “BC labour board” may actually have a civil wrongful dismissal claim, an Employment Standards complaint, a human rights complaint or another type of case.

⚠️ Deadlines are different. An Employment Standards complaint after termination generally has a six-month deadline. A civil wrongful dismissal claim generally has a two-year limitation period. Other claims can have different time limits. Get advice promptly so you use the right process.

What Should I Do After A Wrongful Dismissal In BC?

The steps you take immediately after losing your job can affect your ability to recover full compensation.

  1. Do not sign the severance offer or release. Your employer may give you a short deadline, but that deadline does not erase your legal rights.
  2. Save your employment documents. Keep your contract, termination letter, severance offer, pay records, bonus or commission plans, benefits information and relevant performance documents.
  3. Write down what happened. Record who attended the termination meeting, what was said and any reasons given for the dismissal.
  4. Keep records of your job search. Applications, interviews and other efforts to find comparable work may become important.
  5. Get your severance reviewed. A legal review can determine whether the offer reflects only minimum standards or your full entitlements.

You can also use the Pocket Employment Lawyer to learn more about your workplace rights after a termination.

How Does My Employment Contract Affect A Wrongful Dismissal Claim?

An employment contract can have a major impact on wrongful dismissal compensation. Some contracts contain termination clauses that try to limit an employee to the minimum amounts under the BC Employment Standards Act.

However, do not assume the clause is enforceable simply because you signed the contract. The wording of the agreement and the circumstances in which it was signed can affect your rights.

ℹ️ A wrongful dismissal lawyer can review the contract and determine whether your severance is actually limited or whether you may still be entitled to common law reasonable notice.

How Long Do I Have To File A Wrongful Dismissal Claim In BC?

In British Columbia, the basic limitation period for a civil claim is generally two years from the date the claim is discovered. For most wrongful dismissal cases, the clock starts when the employee knows their employment has ended and they have suffered a loss.

This is different from the short deadline your employer may put on a severance offer. A demand to sign within a few days does not usually replace the legal limitation period.

⚠️ Do not wait until the deadline is close. Employment Standards, human rights and other related claims can have shorter time limits.

How Can A BC Wrongful Dismissal Lawyer Help?

A wrongful dismissal lawyer can determine whether you have a claim, calculate your full compensation and take over the process of dealing with your former employer.

Our BC employment lawyers can:

  • review your termination and severance package;
  • calculate your full statutory and common law entitlements;
  • assess whether a termination clause is enforceable;
  • challenge an improper allegation of just cause;
  • identify related constructive dismissal or human rights issues;
  • negotiate directly with your employer; and
  • pursue a wrongful dismissal claim in court when necessary.

Samfiru Tumarkin LLP is Canada’s largest and most positively reviewed employee-side employment law firm. We have helped tens of thousands of employees understand their rights and recover the compensation they are owed.

If you are a non-unionized employee anywhere in British Columbia, contact us before you sign a severance offer or give up your right to additional compensation.

Wrongful Dismissal BC FAQs

What is wrongful dismissal in BC?

Wrongful dismissal in BC usually happens when a non-unionized employee is fired without receiving the full amount of notice or pay in lieu of notice required by law. It does not necessarily mean the employer was prohibited from ending the employment relationship.

Is wrongful termination the same as wrongful dismissal in BC?

The terms are commonly used interchangeably. “Wrongful dismissal” is the more traditional legal term, while “wrongful termination” is widely used by employees searching for information about the same issue.

How much compensation can I get for wrongful dismissal in BC?

There is no fixed average. Compensation depends on factors such as your employment contract, age, length of service, position and the availability of comparable work. In some cases, employees may be owed up to 24 months’ pay, including applicable benefits, bonuses and other compensation.

What are typical wrongful dismissal awards in BC?

There is no standard wrongful dismissal award. Two employees with similar salaries or years of service can receive very different amounts because courts consider the full employment relationship and the person’s prospects of finding comparable work.

Can my employer fire me without cause in BC?

In many cases, yes. An employer can generally end a non-unionized employee’s job without cause as long as the reason is not illegal and the employee receives proper notice or pay. A without-cause termination becomes a wrongful dismissal when the employer fails to provide the full legal entitlements.

What if my employer says I was fired for just cause?

Just cause is a serious allegation because an employer may use it to deny severance. Poor performance, a mistake or minor misconduct does not automatically justify dismissal without compensation. Get legal advice before accepting a cause allegation.

Do I make a wrongful dismissal complaint to the BC Labour Board?

Usually not if you are a non-unionized employee seeking common law damages. The BC Labour Relations Board deals mainly with unionized workplaces. The Employment Standards Branch can enforce statutory minimums, while a common law wrongful dismissal claim is generally pursued as a civil claim.

Do I need a lawyer for wrongful dismissal in BC?

You are not legally required to hire a lawyer, but getting advice before signing is important. A lawyer can identify whether your employer’s offer is below your full entitlements and explain the best way to pursue additional compensation.

How long do I have to sue for wrongful dismissal in BC?

The basic limitation period for a civil claim in BC is generally two years from discovery. For most wrongful dismissal cases, that is tied to the end of employment. Other complaints can have shorter deadlines, so it is best to act promptly.

Wrongfully Dismissed In BC?

Your employer’s severance offer may be far less than you’re legally owed. Before you sign anything, let Canada’s largest and most positively reviewed employee-side employment law firm review your case.

Get My Severance Reviewed