Is your employer punishing you for speaking up about your rights at work? That may be an illegal workplace reprisal. In British Columbia, employers can’t retaliate against employees for exercising certain legal rights, including reporting unpaid wages, discrimination or unsafe working conditions.

If your employer fires you, cuts your hours, demotes you or threatens you because you made a protected complaint, you may be entitled to compensation.

⚠️ Facing retaliation at work? Don’t resign or sign a termination agreement before understanding your rights. You may have a claim for lost wages, severance or other compensation.

Reviewed by: Lior Samfiru, Employment Lawyer and National Co-Managing Partner

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What Is a Workplace Reprisal in BC?

A workplace reprisal happens when an employer punishes or threatens an employee because they’ve exercised a protected workplace right.

For example, an employee might complain about unpaid overtime and then have their shifts reduced because they spoke up.

Reprisals are also called workplace retaliation.

Not every disagreement or disciplinary action is an illegal reprisal. The important question is whether your employer took action against you because you exercised a legally protected right.

Examples of Workplace Reprisals in BC

Retaliation can take many forms, including:

  • Firing: Dismissing an employee for reporting unpaid wages.
  • Reduced hours: Cutting shifts after an employee raises a protected complaint.
  • Demotion: Removing responsibilities because someone reported discrimination.
  • Threats: Warning an employee they’ll lose their job if they contact WorkSafeBC.
  • Unfair discipline: Punishing an employee for participating in a protected workplace investigation.

An employer doesn’t have to fire you for retaliation to be unlawful.

Are Workplace Reprisals Illegal in British Columbia?

Yes. BC law protects employees against retaliation for exercising specific workplace rights.

The protection depends on what you reported or complained about.

1. Employment Standards Complaints

Under BC’s Employment Standards Act, an employer can’t punish an employee for asserting protected employment standards rights, such as making a complaint about unpaid wages or participating in an investigation.

2. Human Rights Complaints

The BC Human Rights Code protects people against retaliation connected to human rights complaints or proceedings, including complaints involving discrimination based on disability, age, race or another protected characteristic.

Learn more about workplace human rights in BC and workplace discrimination in BC.

3. Workplace Health and Safety Complaints

Under the Workers Compensation Act, employers can’t penalize workers for exercising protected workplace health and safety rights, including reporting unsafe conditions.

Employees who experience this type of retaliation may be able to file a prohibited action complaint with WorkSafeBC.

Workers who disclose wrongdoing under BC’s Public Interest Disclosure Act may also have specific protections where that law applies.

Can You Be Fired for Making a Complaint at Work?

Your employer can’t lawfully fire you because you exercised a protected workplace right.

For example, if you report an employment standards violation or participate in a human rights complaint, your employer can’t dismiss you in retaliation.

However, making a complaint doesn’t protect an employee from all future discipline or dismissal. An employer may still take legitimate action for reasons unrelated to the protected activity.

If you were fired shortly after making a complaint, the timing and surrounding circumstances may be important evidence.

Can You Get Severance or Compensation for Workplace Retaliation?

Yes, depending on what happened and which law applies.

Possible remedies include:

  • Lost wages or income.
  • Reinstatement to your job.
  • Compensation for injury to dignity in applicable human rights claims.
  • Severance pay if the circumstances support a wrongful dismissal or constructive dismissal claim.

If your employer substantially reduces your pay, demotes you or makes your working conditions intolerable, you may have a claim for constructive dismissal in BC.

If you’re fired, you may also be entitled to severance pay in BC. For non-unionized employees, full severance can reach up to 24 months’ pay.

Compensation isn’t automatic. Different types of retaliation have different complaint processes and remedies.

Punished for Speaking Up at Work?

If your employer fired you, cut your hours or demoted you for exercising your rights, you may be owed compensation. Find out where you stand.

Get a Consultation

What Should You Do if Your Employer Retaliates Against You?

  1. Don’t resign immediately. Leaving without legal advice could affect your severance claim.
  2. Keep records. Save emails, messages, schedules, warnings and performance reviews.
  3. Record the timeline. Note when you made the complaint and when the employer took action against you.
  4. Check complaint deadlines. Different laws have different time limits and procedures.
  5. Speak with an employment lawyer. Find out whether you have a retaliation, wrongful dismissal or constructive dismissal claim.

⚠️ Don’t delay. BC human rights retaliation complaints normally have a one-year filing limit. WorkSafeBC prohibited action complaints also have a one-year deadline. Other complaints have different time limits. Get advice promptly.

Workplace Reprisals BC: Frequently Asked Questions

What is an example of a workplace reprisal?

An employer cutting your hours because you reported unpaid overtime is one example. Firing, demoting or threatening employees for making protected complaints can also be reprisals.

Can my employer punish me for reporting harassment?

Retaliation for raising protected human rights or workplace safety concerns may be unlawful. The protection depends on the nature of the complaint and the law that applies. See our Workplace Harassment BC guide.

Can I be fired for reporting my employer to WorkSafeBC?

No. An employer can’t lawfully penalize you for exercising protected workplace health and safety rights, including reporting unsafe working conditions.

Can I quit because my employer is retaliating against me?

If the retaliation involves serious changes to your job or working conditions, you may have a constructive dismissal claim. Don’t resign before getting legal advice.

Can I get severance if I’m fired for making a complaint?

You may be entitled to severance or other compensation, depending on the circumstances. Statutory retaliation remedies and wrongful dismissal claims are not the same, so your options should be reviewed carefully.

Facing Workplace Retaliation in BC? Get Legal Help.

If your employer has punished you for speaking up, reporting a workplace problem or exercising your rights, don’t assume you have to accept it.

The employment lawyers at Samfiru Tumarkin LLP help non-unionized employees across British Columbia understand workplace reprisals, challenge unlawful dismissals and pursue compensation.

Before you resign, sign a release or accept your employer’s decision, find out where you stand.

Before you sign, always check first.

➡️ Get a Consultation or call 1-855-821-5900.

Advice You Need. Compensation You Deserve.

Consult with Samfiru Tumarkin LLP. We are one of Canada's most experienced and trusted employment, labour and disability law firms. Take advantage of our years of experience and success in the courtroom and at the negotiating table.

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