B.C. employee fired for helping moose calf, breached company policy

An employee at AFD Petroleum Ltd. (AFD Petroleum) has been fired for breaching the company’s protocols around interactions with wildlife.

According to CBC News, Mark Skage was travelling north of Fort Nelson, B.C. when he spotted a moose calf alone on the side of the road.

When his efforts to scare the calf away from the road didn’t work, he opened the door to his pickup truck. Shortly after opening the door, the calf came over and tried climbing into the vehicle.

“After the second time she tried to get in, I looked up across the road, I just happened to glance over there — and halfway across the ditch, maybe like 50 yards, there was a black bear standing there,” Skage told CBC News.

“I just couldn’t do it, in my heart. People can say all they want. I know as outdoorsmen, we talk about predator control…black bears are the number one predator for those calves.”

When the calf’s mother didn’t show up and scare the bear away, Skage decided to take the calf with him.

He called the B.C. Conservation Officer Service and the calf was taken to a wildlife rehabilitation centre several days later.

Company’s response

In an emailed statement to CBC News, AFD Petroleum president Dale Reimer said Skage shouldn’t have taken matters into his own hands.

“Instead of reporting the situation to a conservation officer and allowing the authorities to handle the rescue and relocation of the moose, the individual made the independent decision to transport an uninjured moose calf, a wild animal, in the front seat of his company vehicle for many hours,” Reimer said.

“This not only put the employee and other road users at risk but also potentially caused distress and harm to the moose.”

Skage said he isn’t endorsing or encouraging anyone to do what he did.

“It is against the law to pick up wild animals off the road or from out in nature, anywhere. It is illegal to be in possession of wildlife and transport wildlife.”

He added that he is willing to pay any fines he might be charged for his actions.

The B.C. Conservation Officer Service confirmed to CBC News that it’s investigating the incident.

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Can I be fired for breaching company policies in B.C.?

Employers in British Columbia can fire non-unionized workers for any reason, as long as they are provided full severance pay and the reasons for their dismissal aren’t discriminatory. This is called a termination without cause.

If your boss has properly implemented policies for what staff can or can’t do, and you breach those policies, it’s possible that the company could have grounds to terminate you for cause.

Considered the “capital punishment” of employment law, it’s reserved for the worst workplace offences, such as serious insubordination, theft, or assault.

Not only can your employer let you go without a severance package, it also prevents you from accessing Employment Insurance (EI) benefits.

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.

However, in order to justify firing you for cause, your boss must prove progressive disciplinary measures were applied and that a lesser penalty wouldn’t be suitable, which is very difficult to do.

If you are fired or let go for any reason, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We can review your situation, assess your legal options, and help you secure the compensation that you are legally entitled to.

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How is severance pay calculated?

In B.C., severance for non-unionized employees can be as much as 24 months’ pay.

This includes individuals working full-time, part-time, or hourly in the province.

The amount of compensation you are entitled to is calculated using several factors, including:

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

To figure out how much you could be owed, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians understand their severance entitlements.

If your company doesn’t provide you with the correct amount, you have been wrongfully dismissed and should contact Samfiru Tumarkin LLP immediately.

We regularly resolve wrongful dismissal claims and can help you secure proper severance.

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Can my employer punish me for breaching company policies?

If you breach a company policy that gives your employer permission to discipline you when it’s violated, then your boss would be able to punish you.

However, it’s very unlikely that your employer would be able to make substantial changes to your job as punishment.

Major modifications, such as a workload increase or pay cut, are illegal in B.C.

If significant adjustments are made to the terms of your employment without your consent, there is a very good chance that you can treat it as a constructive dismissal.

In this situation, the law allows you to quit your job and pursue full severance pay.

However, you shouldn’t resign before an experienced employment lawyer at Samfiru Tumarkin LLP confirms that you have been constructively dismissed.

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My boss is pressuring me to resign after breaching company policies, what should I do?

No matter how upset your employer is that you breached company policies, management can’t pressure or force you to quit.

If your boss is encouraging you to resign, document their attempts. Keep any letters, emails, or text messages that show how your employer is pressuring you to step down.

Once you have gathered all of the relevant documents, don’t quit your job before contacting our firm. You might have grounds for a constructive dismissal claim.

If you were ultimately forced to resign for any reason, reach out to Samfiru Tumarkin LLP immediately.

In addition to severance pay, you could be owed compensation for any damages associated with the end of your employment.

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Can employers in B.C. update or change their policies?

Companies in B.C. can update or change their policies. However, before a policy is updated or changed, non-unionized employees are usually asked to review it and accept it in writing or electronically.

In some cases, employment contracts contain a clause that allows employers to “amend policies from time to time.”

If you signed an agreement that contains this clause, it’s very likely that your company can make reasonable changes to its policies — as long as they don’t result in major modifications to the terms of your employment.

My boss is pressuring me to sign a new employment contract, what should I do?

If the employment contract you initially signed doesn’t give your employer the right to amend company policies from time to time, you could be asked to accept a new agreement that does.

Before signing a new employment contract, have it reviewed by an experienced B.C. employment lawyer at Samfiru Tumarkin LLP. Your boss can’t force you to sign it immediately or a few days after it was provided to you.

In many cases, these agreements take away key protections that would otherwise be available to you.

Your employer might attempt to limit your severance package to a few weeks’ pay or add a clause that gives the company the ability to make significant adjustments to your job.

We can review the contract and ensure that your workplace rights are properly protected.

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Validating a new agreement

To validate a new employment contract, employers in Canada must provide non-unionized workers with an additional “benefit”.

Potential benefits could include:

• A raise
• Extra vacation days
• More flexibility working remotely

If your company didn’t include an additional benefit in the new agreement, or you aren’t sure that one has been provided, don’t sign anything before connecting with our firm.

Lost your job? Speak with an employment lawyer

If you are fired or let go for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in B.C., Alberta, and Ontario have helped tens of thousands of non-unionized individuals resolve their workplace issues.

We can review your situation, assess your legal options, and ensure that you receive the compensation you deserve.