Can I be fired after a bad performance review in B.C.?

The short answer is yes. You can be fired following a “bad” performance review — even if you are effectively executing the duties of your job.

This is known as a termination without cause. Employers in British Columbia 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 your company would be able to fire you for just cause following a performance review, which would mean no severance package or access to Employment Insurance (EI) benefits.

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

LEARN MORE
• How to calculate severance pay
• Severance for provincially regulated employees
• Rights to severance for federally regulated employees

Performance Review vs. Performance Improvement Plan

A performance review and a Performance Improvement Plan (PIP) aren’t the same.

Performance reviews typically happen once or twice a year. During the review, management and the employee usually discuss:

• How well the worker is performing their job duties
• Whether or not the individual will be receiving a year-end bonus

Unlike a routine performance review, PIPs are generally imposed on an employee once the company doesn’t believe that the worker is doing their job well.

• Example: A salesperson in Surrey failed to reach their sales targets in October. On Nov. 3, the company required the worker to participate in a Performance Improvement Plan.

Companies often use PIPs to justify firing you, sometimes without full severance, if you don’t complete it successfully.

WATCH: Employment lawyer Lior Samfiru breaks down everything you need to know about PIPs on an episode of the Employment Law Show.

Employers in B.C. don’t automatically have the right to fire you, especially for cause, if you fail to meet the requirements outlined in the PIP.

Companies often set unrealistic goals that are extremely difficult to achieve, or don’t give you the proper support to improve your work.

I was fired for cause due to “poor job performance”, what should I do?

In most cases, non-unionized employees in B.C. who are fired for cause are still entitled to severance pay because they don’t meet the requirements necessary for this type of dismissal.

To justify terminating you for cause, the company would have to prove:

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

If you were fired following a “bad” performance review, or for failing a PIP, contact an experienced B.C. employment lawyer at Samfiru Tumarkin LLP immediately.

We can review your situation, enforce your workplace rights, and help you secure the compensation you are entitled to.

LEARN MORE
• Wrongful dismissal in B.C.
• Do I have to look for a new job after getting fired?
• Can my employer hire for my position if I haven’t been fired yet?

Do performance reviews affect my severance entitlements?

In British Columbia, performance reviews don’t affect how much severance pay non-unionized workers are entitled to if they are fired or let go.

As long as there wasn’t just cause for your dismissal, you would still be entitled to full severance, which can be as much as 24 months’ pay.

SEE ALSO
• Executive and C-suite severance pay
• Severance pay in a recession

Can my employer make major changes to my job after a performance review?

Non-unionized employees in B.C. don’t have to accept major changes to their job. 

In most cases, large modifications such as a demotion, cut in pay, reduction in hours, or negative change to commission are illegal.

However, if your employer has grounds to fire you for cause, they can make substantial changes to your job instead of dismissing you.

When the terms of your employment are significantly changed, and your company doesn’t have grounds to fire you for cause, the law allows you to quit your job and seek full severance pay through a constructive dismissal claim.

If you believe that you have been constructively dismissed, don’t resign until you speak with an experienced employment lawyer at Samfiru Tumarkin LLP.

LEARN MORE
• Changes to your employment in B.C.
• Do I get severance if I quit?

My employer is pressuring me to quit after my performance review, what should I do?

Your employer can’t pressure or force you to quit your job. This is known as a forced resignation.

If you are forced to quit your job for any reason, contact an experienced B.C. employment lawyer at Samfiru Tumarkin LLP.

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

SEE ALSO
• Employment Law Show: Facts about forced resignations
• Employment Law Show: How to handle a bad boss

I can’t complete some PIP requirements because of my disability, what should I do?

If you are unable to complete any of the requirements outlined in your company’s Performance Improvement Plan (PIP) due to your disability, inform your employer immediately.

Under British Columbia’s Human Rights Code, companies are legally obligated to assist non-unionized employees who can’t perform their job duties due to a disability (either physical or psychological), religious reasons, or other constraints.

As part of their duty to accommodate, employers may have to:

• Change your job requirements
• Provide someone to help you complete your tasks
• Make changes to the shift itself

If you believe that your company hasn’t properly fulfilled their duty to accommodate, speak with an experienced employment lawyer at Samfiru Tumarkin LLP.

We can help you secure the compensation that you are entitled to through a constructive dismissal claim as well as a human rights complaint.

LEARN MORE
• Employment Law Show: Duty to accommodate in Canada
• Disability in the workplace
• Long-term disability claims: Your rights

Filing a human rights complaint

If your employer doesn’t properly fulfill their duty to accommodate, you should file a human rights complaint to the B.C. Human Rights Tribunal.

The tribunal is responsible for dealing with complaints pertaining to the province’s human rights legislation.

Successful human rights complaints can result in compensation — and potentially reinstatement — for the employee who experienced harassment or discrimination at work.

SEE ALSO
• Former Vancouver Canucks staffer alleges discrimination, wrongful dismissal
• Vancouver Park Board accused of racism and toxic workplace culture

Lost your job? Speak with an employment lawyer

If you are fired or let go for any reason, or believe that your human rights have been violated, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our employment lawyers in B.C. can review your situation, enforce your rights, and ensure that you receive the compensation you are owed.