Can I be fired after asking for a raise in British Columbia?

In British Columbia, employers can fire non-unionized workers after they ask for a raise. While many people consider this to be heartless and cruel, companies are within their legal right to do so.

This is known as a termination without cause. You can be let go for any reason, as long as:

• You are provided full severance pay
• The reasons for your dismissal aren’t discriminatory

However, it’s very unlikely that your boss would be able to fire you for cause in this situation, which would mean no severance package or access to Employment Insurance (EI) benefits.

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

To justify terminating you for cause, your employer would have to 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 shortly after asking for a raise, contact an experienced B.C. employment lawyer at Samfiru Tumarkin LLP.

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

LEARN MORE
• Do I have to look for a new job after getting fired?
• Can I get my job back if I am fired?
• 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.

How is severance pay calculated?

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

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

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

To figure out how much severance you could be owed, use our firm’s free Severance Pay Calculator.

If your company doesn’t provide you with the correct amount, you have been wrongfully dismissed and should take legal action.

We can help you file a claim to ensure that you receive proper compensation.

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

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

Many non-unionized workers in B.C. believe that they have to accept their employer’s severance offer as soon as possible. However, this isn’t true.

If your boss provides you with an offer, don’t sign anything before speaking with our firm. You don’t have to accept it before leaving a termination meeting or a few days after receiving it.

In some cases, companies try to 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

As long as you didn’t sign the offer and return it to your boss, 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

Can my employer punish me if I ask for a raise?

After mustering up the courage to ask your boss for a raise, the company can’t make significant adjustments to your job as punishment.

• Example: You work at a business management firm in Richmond. One day, you ask your employer if it would be possible to increase your salary by two per cent. Following the conversation, the company can’t demote you, reduce your hours, or force you to relocate to another office as punishment. These types of modifications are illegal in B.C.

When substantial changes are made to the terms of your employment without your consent, it’s very likely 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 quit your job before an experienced B.C. employment lawyer at Samfiru Tumarkin LLP confirms that you have been constructively dismissed.

LEARN MORE
• Employment Law Show: Reprisals at work in Canada
• Employment Law Show: Things to never do before seeking legal counsel

My boss is pressuring me to quit after I asked for a raise, what should I do?

No matter how upset your employer is that you asked for a raise, the company can’t pressure or force you to resign.

If your boss is encouraging you to quit after requesting a wage increase, document their attempts. Keep any letters, emails, or text messages that show how the company is pressuring you to step down.

In some cases, pressure from management is so intense that non-unionized employees don’t feel they have any other option than to resign.

If you are forced to quit your job for any reason, contact Samfiru Tumarkin LLP immediately.

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

LEARN MORE
• Employment Law Show: How to handle a bad boss
• Employment Law Show: Facts about forced resignations
• Employment Law Show: What your employer legally can’t do

Lost your job? Speak with an employment lawyer

If you are fired or let go shortly after asking for a raise, or 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, enforce your rights, and ensure that you receive the compensation you are legally entitled to.