Can employers in British Columbia force workers to retire?

In British Columbia, employers can’t pressure or force non-unionized workers to retire.

It’s illegal for employees to be discriminated against based on protected grounds under provincial and federal human rights legislation.

Examples of protected grounds include:

• Age
• Race
• Gender
• Religion
• Family status
• Disability

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

In this situation, it’s very likely that you would be able to pursue full severance pay through a constructive dismissal claim and file a human rights complaint.

WATCH: Employment lawyer Lior Samfiru explains the rights that older employees in Canada have on an episode of the Employment Law Show.

If you believe that you have experienced age-based discrimination at work, contact an experienced B.C. employment lawyer at Samfiru Tumarkin LLP immediately.

We can inform you of your legal options and help you secure the compensation that you deserve.

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Filing a human rights complaint

In addition to a constructive dismissal claim, non-unionized employees in British Columbia who experience harassment or discrimination at work can file a complaint with the B.C. Human Rights Tribunal.

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

Successful complaints can result in additional compensation for the individual who experienced harassment or discrimination in the workplace.

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How is severance pay calculated?

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

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 reach out to our firm.

We regularly resolve wrongful dismissal claims in the province.

LEARN MORE
• Should I negotiate my own severance package in B.C.?
• Rights to severance for provincially regulated employees
• Severance pay for federally regulated workers

Can my boss punish me if I refuse to retire?

The short answer is no. Employers in B.C. can’t punish non-unionized workers if they refuse to retire.

In some cases, companies retaliate by making substantial adjustments to the terms of an individual’s employment.

It’s important to understand that major modifications, such as a demotion, workload increase, or pay cut, are illegal in the province.

If unwanted changes are made to your job after refusing to retire, or for any reason, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We can determine if the move violates your human rights and whether you have grounds for a constructive dismissal claim.

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

No matter how upset your employer is that you won’t retire, the company can’t pressure or force you to quit your job.

If your boss is encouraging you to resign, and you don’t want to, clearly state in an email or letter that you aren’t interested in stepping down.

Once you have rejected your employer’s attempts at getting you to quit in writing, it’s crucial that you 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 our firm 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
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• Employment Law Show: Situations that trigger legal disputes

Can my boss fire me for refusing to retire?

While employers in B.C. can fire non-unionized workers for any reason, two conditions have to be met.

The individual must receive full severance pay and the reasons for their dismissal can’t be discriminatory. This is known as a termination without cause.

In most cases, firing a non-unionized employee for refusing to retire would be viewed as age-based discrimination — making the termination illegal.

Fired “for cause”?

It’s extremely unlikely that your boss would be able to fire you for cause if you refused to retire — meaning 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 this type of dismissal, your company must prove progressive disciplinary measures were applied and that a lesser penalty wouldn’t be suitable, which is very difficult to do.

While there might be some situations where your employer could claim exceptions under human rights legislation, there is a very good chance that any termination in relation to you refusing to retire would have to be without cause — entitling you to severance pay.

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• Do I have to look for a new job after getting fired?
• Record of employment codes in Canada: Comprehensive guide
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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 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.