Wrongful dismissal in BC happens when an employer fires an employee without providing the full notice or severance pay they’re legally owed. Even if your employer had a valid reason to eliminate your position, you could still have a wrongful dismissal claim.

Many non-unionized employees are entitled to significantly more than the minimum under BC’s Employment Standards Act. Your full severance could reach up to 24 months’ pay.

⚠️ Before You Sign: Your employer’s severance offer isn’t necessarily everything you’re owed. A short signing deadline doesn’t automatically end your legal rights. Check your package first.

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What Is Wrongful Dismissal in BC?

Wrongful dismissal occurs when an employer ends your employment without giving you the notice or compensation required by law.

An employer can legally fire a non-unionized employee without cause, provided the reason isn’t unlawful and the employee receives their full entitlements.

The problem often isn’t the decision to fire someone. It’s the amount of severance offered.

Wrongful dismissal and wrongful termination mean essentially the same thing in BC.

💡 Important: Being fired without cause doesn’t mean you did something wrong. It also doesn’t mean you have to accept the minimum severance offered by your employer.

What Are the Signs of Wrongful Dismissal in BC?

Common warning signs include:

  • Little or no severance: Your employer fires you without cause and offers only a few weeks’ pay.
  • Fired for cause: Your employer claims you aren’t entitled to severance because of misconduct or poor performance.
  • Minimum-only package: Your employer offers only the amount required under the Employment Standards Act.
  • Questionable employment contract: Your employer relies on a termination clause that may not be enforceable.
  • Major unwanted job changes: A significant pay cut, demotion or reduction in hours effectively forces you out.

Major changes to your job can also amount to constructive dismissal in BC, giving you severance rights even when your employer hasn’t formally fired you.

A dismissal connected to discrimination or protected medical leave can create additional legal claims. See the BC Human Rights Code.

How Much Compensation Can You Get for Wrongful Dismissal in BC?

Wrongful dismissal compensation can reach up to 24 months’ pay for eligible non-unionized employees. There’s no automatic formula based on weeks or months per year of service.

Your entitlement depends on factors including:

  • Your age
  • Your length of employment
  • Your position and responsibilities
  • Your ability to find comparable work
  • Your employment contract

Employment Standards Minimum vs. Full Severance

BC’s Employment Standards Act provides minimum termination notice or pay, reaching a maximum of eight weeks for individual terminations.

But eight weeks isn’t the maximum severance available in BC. Common-law entitlements can be substantially higher.

A valid employment contract can affect the amount owed.

What Is Included in Wrongful Dismissal Compensation?

Your compensation can include more than your regular salary:

  • Salary or hourly wages
  • Bonuses and commissions
  • Employee benefits
  • Other compensation you would have received during the notice period

Your employment agreement and compensation plans can affect what is included. Additional damages can also be available in certain cases involving bad-faith treatment during dismissal.

Read our Severance Pay BC guide, or use the Severance Pay Calculator to estimate your entitlement.

Can You Sue for Wrongful Dismissal in BC?

Yes. If your employer hasn’t provided your full legal entitlements, you can pursue a wrongful dismissal claim.

Many disputes are resolved through negotiation without going to trial. An employment lawyer can review your termination, calculate the compensation owed and deal directly with your former employer.

Do You File a Wrongful Dismissal Claim With the BC Labour Board?

No. The BC Labour Relations Board isn’t normally where non-unionized employees pursue common-law wrongful dismissal compensation.

There are different processes:

  • Wrongful dismissal claim: Used to pursue full common-law compensation, often through negotiation or a civil court claim.
  • Employment Standards Branch: Enforces minimum rights, including statutory termination pay.
  • BC Labour Relations Board: Primarily handles unionized workplace and labour relations matters.

The Employment Standards Branch doesn’t award the full common-law severance available through a wrongful dismissal claim.

What Should You Do After Being Wrongfully Dismissed in BC?

Don’t assume your employer’s first severance offer is the final amount you’re entitled to receive.

  1. Don’t sign immediately. A release can prevent you from pursuing additional severance.
  2. Keep your documents. Save your employment contract, termination letter, severance offer and compensation records.
  3. Record what happened. Write down what your employer said and the reason given for your dismissal.
  4. Keep records of your job search. Reasonable efforts to find comparable work can affect a common-law damages claim.
  5. Have your severance reviewed. Find out whether your employer has offered your full compensation.

⚠️ Employer Deadline vs. Legal Deadline: Your employer might demand that you sign within a few days. That signing deadline doesn’t automatically eliminate your right to pursue additional severance. Don’t sign a release before checking your options.

How Long Do You Have to File a Wrongful Dismissal Claim in BC?

You normally have two years from when your wrongful dismissal claim was discovered to start a civil lawsuit in BC. For most employees, this is tied to the end of their employment.

Different deadlines apply to other claims:

  • Civil wrongful dismissal claim: Usually two years from discovery
  • Employment Standards complaint after termination: Normally six months from your last day of employment
  • Human rights complaints: Different filing rules and deadlines

Don’t confuse your employer’s deadline for accepting a severance offer with the legal deadline for filing a claim.

Check your rights promptly, even if your employer has given you only a few days to sign.

Wrongful Dismissal BC: Frequently Asked Questions

Is Wrongful Termination the Same as Wrongful Dismissal in BC?

Yes. Both terms are commonly used when an employer ends an employee’s job without providing the full notice or severance compensation required by law.

Can Your Employer Fire You Without Cause in BC?

Yes. Employers can terminate non-unionized employees without cause for lawful reasons, but must provide the notice or compensation legally owed.

Can You Get Severance if You’re Fired for Cause?

Yes. Employers often incorrectly claim just cause to avoid severance. Poor performance, mistakes or minor misconduct don’t automatically eliminate your severance rights.

What Is the Average Wrongful Dismissal Settlement in BC?

There’s no standard settlement amount. Your age, service, position, compensation and ability to find comparable work affect your entitlement. Severance can reach up to 24 months’ pay in appropriate cases.

Can You Be Wrongfully Dismissed After a Medical Leave?

Yes. If your employer terminates you after medical leave, you can have wrongful dismissal and disability discrimination claims. See our Leave of Absence BC guide.

Can Your Employment Contract Limit Severance Pay?

Yes, if the termination clause is legally enforceable. However, don’t assume a clause is valid simply because you signed the contract.

Do You Need to Go to Court for Wrongful Dismissal?

Rarely. Most wrongful dismissal disputes are resolved through negotiation. Court proceedings may be necessary when an employer refuses to provide proper compensation.

Speak With a Wrongful Dismissal Lawyer in BC

The employment lawyers at Samfiru Tumarkin LLP help non-unionized employees across British Columbia pursue the severance pay they’re owed.

We review termination packages, calculate full severance entitlements, challenge improper allegations of cause and deal directly with employers to pursue compensation.

Looking for local legal help? Explore our wrongful dismissal lawyer pages:

You can also learn more about our BC employment lawyers and the workplace issues we handle throughout the province.

Before you sign, always check first.

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

Wrongfully Dismissed In BC?

Your employer’s severance offer may be far less than you’re legally owed. Before you sign anything, let Canada’s largest and most positively reviewed employee-side employment law firm review your case.

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