Reprisals at work in British Columbia: Employee rights

What is a reprisal?

A reprisal occurs when an employer in British Columbia punishes, or threatens to punish, a non-unionized employee for asserting their workplace rights.

Examples of reprisals include:

• Firing or threatening to fire a worker
• Suspending or threatening to suspend a staff member
• Making substantial changes to an employee’s job description
• Significantly reducing a staff member’s hours of work or wages
• Purposely passing up a worker for a promotion or raise
• Creating a hostile or “toxic” work environment (i.e. verbally abusing an employee)

If you believe that you have experienced a reprisal at work, 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
• Can my employer make changes to my job in B.C.?
• Wrongful dismissal in British Columbia: Your rights
• Should I negotiate my own severance package in B.C.?

WATCH: Employment lawyer Lior Samfiru explains what non-unionized employees need to know about reprisals on an episode of the Employment Law Show.

Are reprisals illegal in British Columbia?

The short answer is yes. Workplace reprisals are illegal under various pieces of legislation, including the Employment Standards Act (ESA), B.C. Human Rights Code, Workers Compensation Act, and Public Interest Disclosure Act (PIDA).

• Employment Standards Act: The ESA protects non-unionized employees from being penalized for exercising rights like overtime, vacation days and pay, statutory holiday pay, long-term illness or injury leave, and other leave entitlements.
• B.C. Human Rights Code: The code safeguards against discipline for asserting human rights or filing complaints — covering grounds like age, race, gender, religion, family status, and disability.
• Workers Compensation Act: The act prohibits punishment for asserting health and safety rights, including the right to refuse dangerous work.
• Public Interest Disclosure Act: Employees in the province can’t be punished by their employer if they file a complaint under PIDA or the Standards of Conduct.

If your boss penalizes you, or threatens to penalize you, for asserting your rights, reach out to our firm immediately.

You may be owed substantial compensation, including damages through a human rights claim.

SEE ALSO
• Appeal Win: B.C. sales clerk awarded $30K in wrongful dismissal case
• Former City of Nanaimo CFO awarded more than $600K in discrimination case
• Former Vancouver Canucks staffer alleges discrimination, wrongful dismissal

I’m a victim of a reprisal at work, am I entitled to compensation?

Yes, you are owed compensation if you are punished by your employer for asserting your workplace rights.

Not only are you likely owed a full severance package, but additional compensation as well.

LEARN MORE
• Employment Law Show: What your employer legally can’t do
• Employment Law Show: Things to never do before seeking legal counsel

My employer made major changes to my job, what should I do?

If major changes are made to your job as part of the reprisal, there is a very good chance that you could treat it as a constructive dismissal.

Non-unionized workers in B.C. can refuse significant adjustments to the terms of their employment, such as a demotion, shorter shifts, or reduced pay.

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

However, you should quit your job until an experienced employment lawyer at Samfiru Tumarkin LLP confirms that you have been constructively dismissed.

ADDITIONAL RESOURCES
• Job changes in Alberta: What employees need to know
• What Ontarians need to know about changes to their job
• Employment Law Show: What to know about changes to your job

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 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’s offer falls short of what is appropriate, you have been wrongfully dismissed and should take legal action.

We regularly resolve wrongful dismissal claims and help you secure the compensation you deserve.

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

My boss is pressuring me to resign, what should I do?

No matter how upset your employer is that asserted your rights, the company can’t pressure or force you to resign.

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

Once you have gathered all of the relevant documents, don’t resign before seeking legal counsel — you might have grounds for a constructive dismissal claim.

Already resigned?

If you were forced to quit your job for any reason, connect with a member of our team as soon as possible.

In addition to severance pay, we can help you obtain compensation for any damages associated with the end of your employment.

LEARN MORE
• Employment Law Show: Facts about forced resignations
• Employment Law Show: How to handle a bad boss
• Employment Law Show: Situations that trigger legal disputes

Victim of a reprisal at work? Speak with an employment lawyer

Non-unionized employees in Canada shouldn’t be afraid to assert their workplace or human rights.

If your employer punished you, or threatened to punish you, for doing so, 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 determine if your boss violated your rights and ensure that you receive the compensation you are legally entitled to.