Receiving a job termination is difficult to endure, as you are left without the income, support, or stability you relied on. These matters are only made worse if you were wrongfully dismissed. Wrongful dismissal occurs when an employer terminates you without providing adequate notice or severance pay per the Employment Standards Act (ESA) or your employment contract. If you believe your termination was unjust, you should consult with a lawyer to review your case and help you file a claim.
When to File a Claim for Wrongful Dismissal
Employers don’t legally have to provide a reason for your termination. However, they must follow the termination process as established by ESA. You may have a valid wrongful dismissal claim if:
- You weren’t given reasonable notice or severance pay as required by law or your contract.
- Your employment contract was breached due to changes made without your consent.
- You experienced a workplace human rights violation that led you to quit or face termination.
ESA sets minimum protections for employees concerning notice periods and severance payouts. Employers cannot enforce any terms that are less than these standards. However, some employment contracts include terms for longer notice periods or larger severance payments. The courts will award greater severance compensation than that contained in the ESA, unless your employment contract restricts your severance to the ESA standards. Previous cases have shown that courts consider additional factors and their relevance to notice period durations and severance pay, such as:
- Length of service
- Age
- Job title
- Job market conditions
How to File a Wrongful Dismissal Claim In BC
If you believe your case warrants a greater notice period or severance package than you received when you were terminated, you should contact an experienced lawyer. They can analyze the circumstances, gather evidence, and present your case. When you meet with a lawyer, clearly detail when your employment started and ended, your wage rate, a timeline of events and concerns, and calculations for notice periods or severance pay you feel were not administered. Remember, you only have two years following your termination to file a claim for wrongful dismissal.
You will also need to collect several important documents, such as:
- Employment contracts and agreements
- Pay stubs and income slips
- Work schedules
- Records of complaints
- Damage calculations
Many disputes are resolved through negotiated settlements. If your employer refuses to settle, your case may proceed to court, where additional damages beyond statutory minimums can be awarded.
When to File a Complaint With the Employment Standards Branch
If you believe you were only entitled to minimum notice periods or severance pay and were denied these rights, you can file a free complaint with the Employment Standards Branch (ESB). This process is suitable for employees who:
- Worked for at least three consecutive months. You are entitled to at least one week’s notice or severance pay.
- Worked for 12 months. You are entitled to two weeks’ notice or severance pay.
- Worked three full years or more. You are entitled to three weeks’ notice or severance pay, with one additional week for each additional year of service up to eight weeks.
To file this complaint, you’ll need to gather the same documentation needed for a legal claim, such as employment records and pay stubs. ESB tasks an investigator to review your complaint and determine whether your employer violated the ESA. Many investigations result in a voluntary agreement settlement between the claimant and the former employer. In other cases, ESB must issue a determination, where the investigator informs both parties if wages are due and what amount must be paid.