Wrongful Dismissal in B.C.

What Is a Wrongful Dismissal in B.C.?

A wrongful dismissal in British Columbia occurs when an employer terminates a non-unionized employee without providing the proper amount of severance pay. A proper severance package often exceeds the minimum amount guaranteed by B.C.’s Employment Standards Act (ESA), and can go as high as 24 months’ pay. Many workers in B.C. are wrongfully dismissed because their employer gives them too little or no severance pay.

It’s important to note that wrongful dismissal doesn’t mean you were fired for an illegal or wrong reason. In B.C., an employer can fire an employee for almost any reason through a termination without cause. If you believe you’ve been wrongfully dismissed, consulting with a B.C. wrongful dismissal lawyer at Samfiru Tumarkin LLP can help you understand your rights and options.

Watch the video below from the Employment Law Show and read on to learn more about wrongful dismissal in B.C.

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Are there different types of wrongful dismissal?

There are three types of wrongful dismissal claims in B.C.:

• When an employer fires an employee without cause and neglects to provide appropriate severance.
• When an employer fires an employee for cause when it isn’t warranted and does not provide severance.
• When an employer makes significant changes to an employee’s job, (duties, pay, shifts, or title), effectively terminating them, or “constructively” dismissing the employee, and compensation is not paid.

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How do I know if I’ve been wrongfully dismissed?

If you lose your job in B.C. and you are not provided the correct amount of severance pay, you have been wrongfully dismissed. The fastest way to discover if you have been wrongfully dismissed is by contacting Samfiru Tumarkin LLP and talking directly to a Vancouver wrongful dismissal lawyer. A member of our experienced team will review the facts of your situation and determine what your severance package should be. Once we take on your case, we will fight to secure the maximum compensation available to you.

You can also use the Pocket Employment Lawyer to learn more about your employment law rights. This interactive tool covers a variety of work-related concerns, including terminations. You can also use the Severance Pay Calculator, a quick and easy way to determine the range of severance pay an employee is entitled to, based on their situation, when they lose their job in B.C.

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How do I calculate severance pay for a wrongful dismissal?

When an employer ends the employment relationship with an employee or lets them go, the employer must provide severance pay or notice. If the employer wishes to end the employment relationship immediately, they must provide severance. They also have the option to provide reasonable notice, a number of weeks or months that an employee can work prior to their employment end date. This period of notice counts towards an employee’s severance entitlements.

A severance package is financial compensation meant to support an employee between jobs. The amount of severance an employee receives will depend on a number of factors, including an employee’s:

• salary;
• age;
• length of service;
• ability to find new work
• benefits;
• bonus; and
• other payments earned while employed.

A severance package can be anywhere from a few months, up to 24 months’ pay. It is determined by considering B.C.’s provincial entitlements as legislated under the ESA, as well as an employee’s full entitlements under common law.

If you’re trying to determine how much severance pay you’re owed, speak to an employment lawyer at Samfiru Tumarkin LLP.

The Severance Pay Calculator can be used to determine the range of severance pay owed to a worker in B.C.

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What to do if you’ve been wrongfully dismissed in B.C.

It’s important to know how to handle termination meetings and what to do afterward, to have a better chance of securing the maximum amount of compensation if you’ve been wrongfully dismissed.

Here are some critical steps to take in order to preserve your employment rights:

• Avoid signing anything your employer hands you when you are let go, or on the date of your termination. Signing termination papers or a severance package could prevent you from taking legal action in the future.
• Record what was said in the termination meeting and include as many details as possible.
• Collect all the documents related to your employment: your employment contract, performance reviews, statements of pay, critical emails with your direct boss, or any papers related to your termination.

Once you’ve taken these steps, contact us to connect with an experienced wrongful dismissal lawyer in Vancouver. We will provide you with sound advice and next steps, and pursue the full compensation you are rightfully owed.

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How can I file a wrongful dismissal claim in B.C.?

If you have not been provided with the appropriate amount of severance, you can file a claim, or ‘sue’, for wrongful dismissal. An employment lawyer at Samfiru Tumarkin LLP can file a claim on a clients’ behalf to seek the compensation the employee is owed, in the form of damages.

In most cases, a wrongful dismissal claim can be negotiated with an employer and is quickly resolved, to the benefit of the employee. Our experienced employment lawyers have successfully resolved tens of thousands of wrongful dismissal claims on behalf of our clients in B.C. Our dedication and tenacity have resulted in some of the largest severance packages in Canada.

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Wrongful Dismissal Lawyers in B.C.

A B.C. wrongful dismissal lawyer at Samfiru Tumarkin LLP will fight for you to get the severance you are owed by your employer. The process involves a consultation with a member of our team, to review your situation and collect important documentation. We will let you know if you have a case, and how much compensation you’re entitled to. We will manage your case step-by-step to secure the compensation you’re owed.

Samfiru Tumarkin LLP is the most positively reviewed employment and disability law firm in Canada. Our proven success is backed up by thousands of positive reviews.

Contact our team today to get the advice you need, and the compensation you deserve.

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How does an employment contract affect my severance?

Employers can use restrictive clauses in employment contracts to try to limit an employee’s right to severance when they are let go. This is done through a termination clause that limits an employee’s rights to compensation to the minimum entitlements as outlined in B.C.’s Employment Standards Act (ESA). The provincial minimums outlined in the ESA may provide a few weeks’ pay, whereas common law may entitle you to up to 24 months’ pay.

Do not sign an employment contract unless you’ve had it reviewed by an employment lawyer at Samfiru Tumarkin LLP first. This includes if your employer presents you with a new contract to sign after you’ve already been working for them for some time. Employers cannot ask you to sign a new contract without providing a benefit to the employee in return. They may also be asking you to sign a new agreement to reduce your severance entitlements.

Keep in mind that even if your employment contract includes a termination clause, it may not be enforceable. Speak to an employment lawyer at Samfiru Tumarkin LLP to find out if your employment contract can in fact restrict your severance, or if you’ve been wrongfully dismissed.

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Is there a time limit to claim wrongful dismissal?

In B.C., you have two years to file a wrongful dismissal claim from the moment you are let go. Once that time limit expires, you can no longer pursue legal action against your employer for the severance pay you are owed.

Before you walk away from your rights, speak to an employment lawyer to find out if you are within the time limit to file a claim for wrongful dismissal. Depending on how you were let go, your deadline to file a claim might be affected.

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Comprehensive services for B.C. employees

Our employment lawyers have successfully represented thousands of non-unionized individuals in various regions across British Columbia, Alberta, and Ontario.

In addition to wrongful dismissal negotiations, we can assist you on a broad range of employment matters in B.C., including:

For a comprehensive overview of employment, disability, and personal injury law, explore our Law Essentials page.

If you are a non-unionized employee who needs help with a workplace issue, contact us or call 1-855-821-5900 to get the advice you need and the compensation you deserve.