Can employers in British Columbia allege cause after firing staff?

After-acquired cause in B.C.

In British Columbia, it’s possible for employers to initially fire non-unionized workers without cause and allege cause at a later date. This is known as “after-acquired cause.”

However, turning a without-cause dismissal into a termination for cause is no simple feat.

In order to do so, companies in the province must prove:

1. They learned of misconduct after the employee’s dismissal that would’ve justified firing the individual for cause
2. They didn’t have any knowledge of the misconduct at the time of the worker’s termination
3. They didn’t condone the misconduct before the employee was fired without cause

It’s important to note that the courts in B.C. aren’t looking to turn businesses into “employment archaeologists” when faced with a wrongful dismissal claim.

If an employer knew or should’ve known about the “misconduct” they claimed as just cause, or it warrants a warning instead of termination, the courts regularly award an employee their full severance entitlements.

When it comes to matters involving after-acquired cause, your best course of action is to contact an experienced B.C. employment lawyer at Samfiru Tumarkin LLP.

We can determine if it’s applicable in your situation and help you secure the compensation you deserve if it isn’t.

LEARN MORE
• How to calculate severance pay in B.C.
• Employment Law Show: What your employer legally can’t do
• Should I negotiate my own severance package in B.C.?

WATCH: Employment lawyer Lior Samfiru explains what rights employees have if they are being fired or let go on an episode of the Employment Law Show.

Do I get more severance if my boss doesn’t have a legitimate reason for alleging cause?

If your employer doesn’t have a legitimate reason for alleging cause after firing you, there’s a very good chance that you could be entitled to additional compensation.

It’s not uncommon for companies to allege cause at a later date to punish non-unionized employees in B.C. for asserting their workplace rights or to get out of providing them with their severance entitlements.

If you believe your boss is pursuing after-acquired cause in bad faith, contact Samfiru Tumarkin LLP immediately.

We can review your situation, assess your legal options, and help you secure the compensation you are owed.

SEE ALSO
• Do I have to look for a new job after getting fired?
• Can I get my job back if I am fired?
• Do I get severance if I quit in British Columbia?

My boss is pressuring me to sign my severance offer immediately, what should I do?

Employers in B.C. can’t legally force non-unionized workers to accept a severance offer before leaving a termination meeting or even a few days after receiving it.

If your boss provides you with an offer, don’t sign anything before speaking with our firm.

In some cases, companies add:

• A termination clause that limits the amount of severance pay you can receive
• Non-compete clauses that prevent you from being able to pursue employment elsewhere in your industry

Severance offers are often accompanied by a document that releases the employer from further liability. One of the worst things you can do in this situation is accept the agreement without seeking legal advice.

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

SEE ALSO
• 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

Workplace issue? Contact us

Since 2007, the experienced employment law team at Samfiru Tumarkin LLP has helped tens of thousands of non-unionized individuals resolve their workplace issues.

Whether you’re in B.C., Alberta, or Ontario, our lawyers can review your situation, enforce your rights, and ensure that you receive the compensation you deserve.