Client Win: Six Months’ Pay After Just Six Months on the Job

Samfiru Tumarkin LLP won six months’ pay for a BC salesperson who had worked for his employer for just six months—and received only one week’s pay when he was fired. Our team secured $28,400.88 plus legal costs.

James Greenlees was not looking for a new job when Starline Windows approached him. The company’s pitch persuaded him to leave his existing employer. Six months later, he was out of work, facing a job search that would last longer than his time at Starline.

Greenlees was represented by Samfiru Tumarkin LLP. Our Vancouver employment law team took his case to the Supreme Court of British Columbia and won the full six-month notice period we sought.

Starline Said Two Months Was Enough. We Sought Six.

By the time the case reached court, Starline accepted that it owed more than the one week it had paid. But it argued for two months’ notice, while our team sought six.

The employer also disputed whether its recruitment efforts justified more severance. It relied on a case where another short-service employee had received two months.

We showed why Greenlees’ circumstances called for more. His short time at Starline was only part of the story.

How Our Team Won Six Months’ Pay

The strongest evidence was Greenlees’ search for another job. He registered with three recruitment firms, used job websites and applied to at least 42 companies. Despite those efforts, he remained unemployed for seven months.

The judge found that he had searched diligently and was not being overly picky. His experience showed that comparable work was difficult to find. Starline’s refusal to provide a reference letter may also have made the search harder.

Our team also showed that Starline had persuaded him to leave his previous job. Its income forecasts were not guarantees, but they helped convince him to make the move. The judge gave that recruitment some weight when deciding how much notice was fair.

The court agreed with the six-month period our team requested. The result showed why an employee should not dismiss a severance claim simply because they were only with the company for a few months.

Read the full decision: Greenlees v. Starline Windows Ltd., 2018 BCSC 1457.

Our Win In The News

Canadian Lawyer interviewed our firm about the result and the importance of Greenlees’ job-search evidence. The case was also covered by Canadian HR Reporter.

What This Means For You

• A short job can still mean substantial severance. Your time with the company is one factor—not the whole calculation. Do not assume a week or two is all you can receive.
• How you were recruited can matter. Tell your lawyer if the employer persuaded you to leave another job, and keep the messages and offer documents.
• Keep track of your job search. Applications, interviews and recruiter contacts can help show how difficult it was to find comparable work.
• Check commissions as well as salary. In this case, lost commissions added more than $8,200 to the award after the employer’s earlier payment was deducted.

A Lesson For Employers

Short service does not automatically mean a small severance payment. Recruitment history and the availability of comparable work can affect the amount owed. Here, our team secured six months despite the employer’s position that two was enough.

Another short-service win: Our team secured four months’ severance for a distribution director with less than eight months on the job.

Fired After Only A Few Months? Check Before You Sign.

Do not write off your severance because you were new to the company. Greenlees received one week’s pay. Our team won six months.

Our BC employment lawyers can review your offer, explain what you may be owed and handle the next steps. Depending on your circumstances, severance can be as much as 24 months’ pay.

Getting started is simple, and most severance disputes are resolved without going to court. Before you sign, always check first.