Should I negotiate my own severance package in British Columbia?

In British Columbia (B.C.), you should not negotiate your severance package on your own, as you risk putting yourself in a worse-off position. Negotiating severance on your own can be challenging due to the complexities of the province’s employment laws.

When it comes to securing a fair severance package in B.C., non-unionized workers are better off having an experienced employment lawyer represent them during negotiations with their employer.

If you have been fired without cause or let go, and you don’t believe that your company is offering you the appropriate amount of compensation, here are the top three reasons you should let the employment law team at Samfiru Tumarkin LLP fight for you.

1. Employment lawyers know how to properly calculate severance pay

Severance in British Columbia can be as much as 24 months’ pay.

The amount of compensation you are entitled to is calculated using a variety of factors, including your:

• Age
• Position at the company
• Length of service
• Ability to find new work

To date, more than 100 factors have been considered by Canadian courts when determining how much severance a non-unionized employee is owed.

An experienced employment lawyer at Samfiru Tumarkin LLP can review the unique circumstances of your case and help you secure the compensation you deserve.

LEARN MORE:
• Severance for provincially regulated employees
• Rights to severance for federally regulated employees
• Severance pay in a recession

WATCH: Employment lawyer Lior Samfiru explains five things employees shouldn’t do before seeking legal counsel on an episode of the Employment Law Show.

2. Employment lawyers know the fastest and most effective way to secure a fair severance package

In many cases, employers won’t pay a worker’s full severance entitlements voluntarily and look for ways to delay the process.

Once the team at Samfiru Tumarkin LLP is formally hired to represent you, we will ensure that the company takes your case seriously and deals with it promptly.

If your employer refuses to provide you with a fair severance package in a timely manner, our firm can help you file a wrongful dismissal claim.

SEE ALSO
• Employment Law Show: Wrongful dismissals in Canada
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3. Employment lawyers can help you determine if you are entitled to more than a severance package

In some cases, there are other issues that need to be addressed during severance negotiations, such as dishonesty by the employer, or harassment and discrimination at work.

• Example: During severance negotiations, it’s determined that the terminated employee was discriminated against by their employer. After assessing the unique circumstances of the situation, the worker’s lawyer informs the individual that they are entitled to full severance pay, human rights damages, and potentially reinstatement to their previous position with full back pay.

An experienced employment lawyer at Samfiru Tumarkin LLP can review your situation, identify potential issues, and inform you of your legal options.

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• Can I get my job back if I am fired?
• Former Vancouver Canucks staffer alleges discrimination, wrongful dismissal
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My employer is pressuring me to sign my severance offer immediately, what should I do?

In British Columbia, employers can’t legally force non-unionized workers to accept a severance offer immediately.

Offers can sometimes include:

• A termination clause that tries to limit the amount of severance pay you can receive
• Non-compete clauses that prevent you from pursuing employment elsewhere in your industry

Once you receive a severance offer from your company, don’t sign it until you speak with an experienced employment lawyer at Samfiru Tumarkin LLP.

As long as you didn’t accept the offer, you have two years from the date of your dismissal to pursue full severance pay.

SEE ALSO
• How an employment contract impacts severance in B.C.
• I already accepted a severance package, what should I do?
• ’60 days or more’: Is it an enforceable termination clause?
• Employment Law Show: 5 facts about employment contracts

My employer refuses to provide me with any severance after I declined their offer, can they do that?

The short answer is no. Even if you decline your employer’s severance offer, the company still has to provide you with the minimum amount of termination pay required under British Columbia’s Employment Standards Act, 1996.

If you turned down your employer’s severance offer, and the company now refuses to provide you with any compensation, it’s very likely that you could file a wrongful dismissal claim and pursue full severance pay.

SEE ALSO
• Employment Law Show: You’re still owed severance if…
• Employment Law Show: What your employer legally can’t do

Received a severance offer? Speak with an employment lawyer

Before accepting any severance offer from your employer, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our employment lawyers in B.C. can review the agreement and ensure that you receive the compensation that you are legally entitled to.