Natural disasters in B.C.: What employees need to know

Can my employer force me to work during a natural disaster?

If a natural disaster makes it unsafe for non-unionized employees in British Columbia to perform their job duties, employers can’t force staff to work.

The province’s Workers Compensation Act requires businesses to provide a safe work environment for their employees.

Since natural disasters can create a legitimate workplace safety issue, British Columbians might be able to exercise their right to refuse unsafe work.

• Example: You are a construction worker in Kamloops. One day, news outlets inform you that crews are fighting a massive wildfire north of the city, which has already created a significant amount of air pollution for Kamloops and surrounding areas. Despite concerns about air quality, your boss instructs you to continue working. Since you would have to spend multiple hours outdoors, there is a very good chance that you would be able to exercise your right to refuse unsafe work — making it illegal for the company to force you to continue working.

If you believe a natural disaster has made it unsafe for you to continue performing your job duties, inform your employer in a letter or email immediately.

Unfortunately, some companies refuse to take the appropriate steps to provide a safe work environment. In this situation, reach out to WorkSafeBC.

If you are punished or fired by your boss for exercising your right to refuse unsafe work, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

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

WATCH: Employment lawyer Lior Samfiru explains several things employees shouldn’t do before seeking legal counsel on an episode of the Employment Law Show.

Types of natural disasters

My boss made major changes to my job after refusing unsafe work, can they do that?

In B.C., non-unionized workers don’t have to accept substantial changes to the terms of their employment.

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

If your employer makes significant adjustments to your job 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 resign and pursue full severance pay.

However, you shouldn’t quit your job until a member of our team confirms that you have been constructively dismissed.

ADDITIONAL RESOURCES
• Changes to your job in Alberta: Employee rights
• What Ontarians need to know about changes to their job

How is severance pay calculated in B.C.?

Severance for non-unionized employees in B.C. 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
• Length of service
• Position at the company
• Ability to find new work

If you lose your job during a natural disaster, it’s possible that you could be owed an enhanced severance package — providing you with additional compensation.

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

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

My boss is pressuring me to quit after refusing unsafe work, what should I do?

No matter how upset your employer is that you exercised your right to refuse unsafe work, the company can’t pressure or force you to resign.

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 B.C. 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
• Employment Law Show: Facts about forced resignations
• Employment Law Show: What your employer legally can’t do
• Employment Law Show: Situations that trigger legal disputes

Can my boss fire me for refusing to work during a natural disaster?

Employers in B.C. 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 known as a termination without cause.

If you refuse to work during a natural disaster, and the current conditions aren’t creating an unsafe work environment, this could be seen as insubordination — potentially justifying a termination for cause.

In this situation, your boss doesn’t owe you a severance package and you won’t be able to access Employment Insurance (EI) benefits.

However, to justify firing you for cause, the company must prove progressive disciplinary measures were applied and that a lesser punishment wouldn’t be acceptable, which is very difficult to do.

In our experience, most non-unionized employees don’t meet the conditions necessary for this type of dismissal and are entitled to severance pay.

SEE ALSO
• Can I be fired in B.C. if I’m late due to weather?
• Do I have to look for a new job after getting fired?
• Employment Law Show: Facts about the termination process

Natural disaster aid in B.C.

In addition to severance, there are certain programs that are designed to support British Columbians financially in the event of a natural disaster:

Disaster Financial Assistance (DFA):

After a disaster, the provincial government might declare the event eligible for DFA. This program provides support to struggling individuals, small businesses, charities, operating farms, etc.

Emergency Support Services:

If you are forced from your home in B.C. due to a natural disaster, or another emergency, you can get short-term assistance through Emergency Support Services. This program includes temporary housing, food, clothing, and psychological supports.

ADDITIONAL RESOURCES
• Provincial crisis supplement in B.C.
• Red Cross emergency and disaster services for B.C.
• Emergency preparedness, response and recovery in B.C.

Lost your job? Speak with an employment lawyer

If you are fired or let go during a natural disaster, 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 owed.