Can I be fired in British Columbia if I’m late due to weather?

The short answer is yes. You can be fired in British Columbia if you’re late to work because of the weather — even if it only happens once.

This is known as a termination without cause. Employers in the province can let non-unionized workers go for any reason, as long as:

• They are provided full severance pay
• The reasons for their dismissal aren’t discriminatory

However, it’s very unlikely that the company would be able to dismiss you for cause if you were only late to work once due to the weather in B.C.

This type of dismissal is described as the “capital punishment” of employment law. It’s reserved for the worst kinds of workplace offences, such as theft or assault.

Employees fired for just cause aren’t entitled to a severance package and can’t access Employment Insurance (EI) benefits.

SEE ALSO
• How to calculate severance pay
• Severance for provincially regulated employees
• Rights to severance for federally regulated employees

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.

Can I be fired “for cause” if I’m consistently late to work due to the weather?

To justify firing you for cause, employers in B.C. would have to prove:

• Progressive disciplinary measures were applied
• A less severe punishment would be inappropriate

If you’re continually late for work after your company warned you that this behaviour needs to improve, it’s possible that they could have grounds to fire you for just cause.

Example

An employee in Vancouver didn’t show up to work on time for an entire week.

When asked by her employer why she was consistently coming in roughly 45 minutes late, the worker said her commute continued to be challenging after more than 10 centimetres (cm) of snow fell in her neighbourhood.

She was warned by her company that her tardiness was unacceptable and told her attendance needed to improve.

For a second week, the employee continued to be roughly 45 minutes late to work. At the end of the week, she was informed by her employer that she was being fired because she continued to show up late for work after being warned.

As a result, the company may be in a position to fire the employee for cause. She wouldn’t be entitled to a severance package or be able to access EI benefits.

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

I was an hour late to work, does my boss still have to pay me for that hour?

If you’re a salaried employee in B.C., your company can’t dock your pay because you were an hour late to work because of the weather.

However, you might be asked to make up for the hour that you didn’t work.

If you’re an hourly employee, and you show up to work an hour late due to the weather, your company doesn’t have to compensate you for that hour.

Does my boss have to accommodate me if I’m running late to work due to severe weather?

The short answer is no. Employers in B.C. have a duty to accommodate when it’s in relation to a protected ground under the province’s human rights legislation.

While severe weather isn’t a protected ground, some examples include:

If you believe your employer didn’t properly fulfill their duty to accommodate, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We can help you secure the compensation you are entitled to through a constructive dismissal claim.

LEARN MORE
• Employment Law Show: Duty to accommodate in Canada
• What you need to know about short-term disability claims in B.C.
• Long-term disability claims: Your rights

Filing a human rights complaint

In addition to a constructive dismissal claim, you can file a human rights complaint to the B.C. Human Rights Tribunal (BCHRT) if your boss doesn’t properly fulfill their duty to accommodate.

The BCHRT is responsible for dealing with human rights complaints pertaining to the province’s Human Rights Code.

Successful complaints can result in compensation for the individual who experienced discrimination.

Can my boss punish me for being late to work because of the weather?

If you’ve only been late to work a couple of times because of the weather, it’s unlikely that your employer would be able to punish you by making substantial changes to your job.

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

If significant adjustments are made to the terms of your employment after being late to work because of the weather, connect with a member of our team.

We can tell you if you have grounds for a constructive dismissal claim and whether you were the victim of a workplace reprisal.

ADDITIONAL RESOURCES
• Workplace reprisals in Alberta: Employee rights
• What Ontarians need to know about workplace reprisals

My boss is pressuring me to quit after being late to work, what should I do?

No matter how upset your employer is that you arrived at work late due to the weather, the company can’t pressure or force you to quit.

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

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

Already resigned?

If you were forced to quit your job for any reason, connect with an experienced employment lawyer at Samfiru Tumarkin LLP as soon as possible.

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

LEARN MORE
• Notice of resignation in British Columbia: Employee rights
• Employment Law Show: Facts about forced resignations
• Employment Law Show: What your employer legally can’t do

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.

Disclaimer: The materials provided above are for general informational purposes only and DO NOT constitute legal advice. For advice specific to your situation, please consult a legal representative at Samfiru Tumarkin LLP.