If you were fired or offered a severance package, speak with a wrongful dismissal lawyer in Vancouver before you sign anything. You may have been wrongfully dismissed if your employer ended your job without providing the full notice or compensation you are legally owed.
A wrongful dismissal does not necessarily mean your employer had no right to fire you. In most cases, an employer can terminate a non-unionized employee without cause. However, they must provide proper working notice or pay in lieu of notice. In some cases, a full severance package can be worth as much as 24 months’ pay.
The Vancouver wrongful dismissal lawyers at Samfiru Tumarkin LLP help non-unionized employees understand their rights, challenge inadequate severance offers and pursue the compensation they are owed.
On This Page:
- 1. When to Call a Lawyer
- 2. What Counts as Wrongful Dismissal?
- 3. How Our Lawyers Can Help
- 4. Compensation You May Be Owed
- 5. Reviewing Your Severance Offer
- 6. Fired for Cause
- 7. Constructive Dismissal
- 8. What Happens When You Hire Us?
- 9. Why Choose Our Vancouver Team?
- 10. Wrongful Dismissal FAQs
When Should I Call A Wrongful Dismissal Lawyer In Vancouver?
You should speak with a wrongful dismissal lawyer as soon as possible if:
- you were fired without cause and offered a severance package;
- you were let go with little or no severance pay;
- your employer gave you only a few days to sign a release;
- your employer claims you were fired for cause and is refusing to pay severance;
- you were dismissed shortly after a medical leave, accommodation request or workplace complaint;
- your employer made a major change to your pay, duties, hours or position;
- you are being pressured to resign;
- your employment contract appears to limit your severance; or
- you simply do not know whether your employer’s offer is fair.
You do not need to know whether you have a strong legal claim before calling a lawyer. That is what the legal review is designed to determine.
What Counts As Wrongful Dismissal In Vancouver?
Wrongful dismissal usually happens when a non-unionized employee loses their job without receiving the full amount of notice or pay required by law.
A common misconception is that wrongful dismissal means you were fired for an unfair or incorrect reason. That is not necessarily true.
An employer can generally end your employment without cause because of restructuring, downsizing, cost cutting or another business decision. The termination can still be legal if the reason is not discriminatory or otherwise unlawful and you receive the compensation you are owed.
A wrongful dismissal can happen when:
- you are terminated without cause and receive too little notice or severance;
- your employer improperly claims there was just cause and pays you nothing;
- your employer relies on an unenforceable termination clause to limit your compensation; or
- a major change to your job amounts to constructive dismissal.
How Can A Vancouver Wrongful Dismissal Lawyer Help?
A wrongful dismissal lawyer can determine what your employer owes you and take over the process of pursuing additional compensation.
Our Vancouver employment lawyers can:
Review Your Termination
We examine why and how your employment ended, what your employer said during the termination process and whether there are other legal issues that need to be addressed.
Calculate Your Full Severance
We assess your statutory minimum rights and your potential common law entitlement to determine what your full severance package may be worth.
Review Your Employment Contract
A termination clause can affect your severance. However, not every clause is enforceable. We review the wording of your contract before accepting your employer’s interpretation of it.
Challenge An Improper Cause Termination
If your employer claims you were fired for serious misconduct, we can assess whether the allegation actually meets the legal threshold required to deny you notice and severance.
Negotiate With Your Employer
We communicate directly with your former employer or their legal team and pursue a settlement that reflects your full legal rights.
Take Legal Action When Necessary
Many wrongful dismissal matters are resolved through negotiation. When a fair resolution is not possible, our lawyers can pursue your claim through the courts.
How Much Compensation Can You Get For Wrongful Dismissal?
There is no standard average and no simple weeks-per-year-of-service formula for wrongful dismissal compensation.
Under the BC Employment Standards Act, eligible employees receive minimum notice or compensation based on length of service. For an individual termination, the statutory amount can reach a maximum of eight weeks.
However, those minimum amounts may be only a fraction of what a non-unionized employee is actually owed.
Unless a valid employment contract limits your rights, your common law severance can depend on factors including your:
- age;
- length of service;
- position and responsibilities;
- experience and qualifications;
- employment contract; and
- ability to find comparable work.
Your compensation may also include amounts you would have received during the notice period, such as:
- salary;
- benefits;
- bonus payments;
- commissions; and
- other compensation you would have continued to earn.
In some cases, a full severance package in BC can be worth as much as 24 months’ pay.
Should A Lawyer Review My Severance Offer?
Yes. A severance offer is your employer’s proposal, not necessarily the full amount the law says you should receive.
Many termination packages provide only minimum Employment Standards amounts or rely on an employment contract that may not legally restrict your rights.
A Vancouver wrongful dismissal lawyer can compare the offer against:
- your minimum rights under employment standards legislation;
- your full common law severance entitlement;
- the wording of your employment contract;
- your bonus, commission and benefit entitlements; and
- any additional legal claims connected to the termination.
What If My Employer Says I Was Fired For Cause?
A termination for just cause is serious because the employer may refuse to provide any notice or severance.
However, an employer cannot simply use the words “for cause” to take away your compensation. Just cause is a high legal threshold and depends on the full circumstances.
Poor performance, a mistake, a disagreement with a manager or a single minor incident does not automatically justify dismissal without severance.
A wrongful dismissal lawyer can review:
- the conduct your employer is relying on;
- any warnings or discipline you received;
- your employment record;
- the employer’s investigation; and
- whether the punishment was proportionate to what actually happened.
Can Constructive Dismissal Lead To A Severance Claim?
Yes. You may have a constructive dismissal claim if your employer makes a major change to your job without your agreement.
Examples can include a significant:
- pay cut;
- reduction in hours;
- demotion;
- change in duties or responsibilities;
- change in work location; or
- unauthorized temporary layoff.
A constructive dismissal can potentially allow you to treat the employment relationship as terminated and pursue severance.
What Happens When You Hire Our Vancouver Wrongful Dismissal Lawyers?
1. Initial Assessment
When you contact us, our team will ask about your employment, termination and severance offer to determine how we may be able to help.
2. Case Review
A lawyer will review the important details of your situation, including your employment contract, termination documents, compensation and length of service.
3. Legal Strategy
We explain what you may be owed, identify the strongest legal issues and recommend the best way to move forward.
4. Negotiation And Legal Action
When we take on your case, we deal directly with your former employer and pursue the compensation you are owed. Many matters are resolved through negotiation. When necessary, we are prepared to pursue the claim in court.
What Should I Bring To A Consultation?
Helpful documents can include your:
- employment contract and any later agreements;
- termination letter;
- severance offer and release;
- recent pay information;
- bonus or commission plans;
- benefits information; and
- important emails or documents connected to your dismissal.
Do not delay contacting us because you are missing a document. Our team can tell you what information is most important for your case.
Why Choose Samfiru Tumarkin LLP In Vancouver?
Samfiru Tumarkin LLP is Canada’s largest and most positively reviewed employee-side employment law firm. Our Vancouver team helps non-unionized employees protect their rights and pursue full compensation after termination.
Hundreds Of Local Five-Star Reviews
Our Vancouver lawyers have earned hundreds of five-star Google reviews from people who turned to us for help with difficult workplace and termination issues.
Thousands Of Vancouver Employees Helped
Our Vancouver team has handled thousands of employment law matters and helped employees understand their rights after losing their jobs.
Millions Recovered For Employees
We have recovered millions of dollars in compensation for employees across British Columbia.
A Team Focused On Employee Rights
You are not relying on one lawyer working alone. You have the resources and experience of one of Canada’s leading employment law teams behind your case.
Fee Options That Fit The Case
We offer different fee arrangements depending on the type of matter. A contingency fee option may be available in appropriate cases.
Visit Our Downtown Vancouver Office
Samfiru Tumarkin LLP
580 Hornby Street, Suite 520
Vancouver, BC V6C 3B6
Call our Vancouver office at 604-283-3123 or contact us online to tell us what happened.
Wrongful Dismissal Lawyer Vancouver FAQs
How do I know if I need a wrongful dismissal lawyer?
Speak with a lawyer if you were fired, offered severance, dismissed for cause or pressured to resign and you are unsure whether your employer respected your rights. You do not need to know whether you have a strong case before getting advice.
Can my employer fire me for no reason in Vancouver?
An employer can generally terminate a non-unionized employee without cause as long as the reason is not discriminatory or otherwise unlawful and the employee receives proper notice or compensation. A termination may be wrongful when the employee receives less than they are legally owed.
Is it worth hiring a lawyer if I already received severance?
Yes, because receiving a severance offer does not mean the offer is fair. A lawyer can compare the package with your full legal entitlement and determine whether there is a meaningful gap between the two.
How much does a wrongful dismissal lawyer cost in Vancouver?
The cost depends on the type and complexity of the case. Samfiru Tumarkin LLP offers different fee arrangements, and a contingency fee option may be available in appropriate cases. The fee structure is explained before you decide whether to proceed.
Do wrongful dismissal cases usually go to court?
Many wrongful dismissal claims are resolved through negotiation without a trial. However, a lawyer must be prepared to pursue court proceedings when an employer will not agree to a fair resolution.
How long do I have to make a wrongful dismissal claim in BC?
The basic limitation period for a civil claim in British Columbia is generally two years from discovery. For most wrongful dismissal cases, that is tied to the end of employment. Other employment, human rights or statutory claims can have different and shorter deadlines.
What if my employer says my contract limits my severance?
Do not assume the termination clause is valid simply because you signed the contract. The wording of the agreement can affect whether the clause actually limits your severance rights.
Can I sue for wrongful dismissal in Vancouver?
Yes. A non-unionized employee who did not receive proper notice or compensation may be able to bring a civil wrongful dismissal claim. Many cases are negotiated before trial, but court proceedings are available when necessary.
What if I work for a bank, airline, telecom company or another federally regulated employer?
Federally regulated employees can have different rights and remedies under the Canada Labour Code. A wrongful dismissal lawyer can determine which laws apply to your employment before recommending the right process.
Can a unionized employee hire a wrongful dismissal lawyer?
Unionized employees generally must use the grievance and arbitration process in their collective agreement and should contact their union. This page is intended primarily for non-unionized employees.
How quickly should I contact a lawyer after being fired?
As soon as possible, especially before signing a severance offer or release. Getting advice early can help you protect evidence, understand deadlines and avoid giving up rights before you know what you are owed.