As an employee in British Columbia (BC), it is important to know your rights. While there are very few protections from dismissal without cause in BC, there are still several entitlements that ensure employers are at least somewhat considerate in their decisions to terminate employment. Unless you have a specific employment contract, the BC Employment Standards Act outlines all the conditions of employment in this province, and that includes the rules and regulations associated with dismissal.
First, let’s talk about the bad news. Under the BC Employment Standards Act, any employer may terminate employment at any time for any reason. This means there is no real case for dismissal without cause in BC unless you have an employment contract that outlines a broader scope of rights than the BC Employment Standards Act.
That being said, the vast majority of employees are entitled to some kind of compensation when their employment is terminated. In order to be eligible for compensation in BC, an employee must have completed three consecutive months of employment. Moreover, compensation is only provided in lieu of advance written notice of termination from the employer.
So then, if you’ve been employed for three or more months with the same company and you’re terminated without written notice, your employer must provide financial compensation. All employees are entitled to one week’s pay after three consecutive months of employment, two weeks’ pay after 12 consecutive months of employment, and three weeks’ pay plus one week for each additional year after three consecutive years of employment. Compensation in BC is maxed out at 8 weeks’ compensation.
However, it is important that employees in the province know that they are not entitled to compensation if employers provide advance written notice of termination providing this notice is equal to the number of weeks’ compensation to which the employee is entitled. For example, if you have been employed with a company for three consecutive years, they must provide written notice 3 weeks in advance of the termination date.
You may also not be eligible for compensation under the following conditions:
- Dismissal with just cause,
- Termination of an on-call or temporary assignment,
- The end of contracted employment,
- The end of a defined term of employment,
- Teachers employed by a board of school trustees.
Still, there are other factors covered by common law that may influence the amount of compensation or written notice to which an employee is entitled. For example, length of service, employee age, position held, and even availability of similar employment may impact compensation. If you feel you’ve been dismissed without just cause and you’re unsure of your rights, contact an employment lawyer to ensure you are compensated appropriately.DISCLAIMER: The content of this article, and this website generally, is not intended as legal advice and cannot be relied upon as legal advice. To provide legal advice on your problem, a lawyer must first understand your specific situation.
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