After making the commute from Langley to Surrey, one of our clients—a sales associate—wasn’t expecting to be let go without severance pay before clocking in for the day.
Fighting back tears, the individual asked her boss during her termination meeting why she was being fired for cause. She was told that the company had been inundated with complaints about her job performance.
This set off alarm bells for the sales associate—who recently celebrated six years of employment—because she’d never received a negative performance review.
Certain she’d been wrongfully dismissed, she calmly gathered her things and contacted Samfiru Tumarkin LLP as soon as she got home.
Following our examination of the sales associate’s employment contract and performance reviews, it was clear her employer didn’t have grounds to fire her for cause.
Given the strength of our client’s case, we were able to secure a comprehensive severance package for her without getting the courts involved.
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Unlike the sales associate, many non-unionized employees in British Columbia aren’t aware of their rights to severance when they’re fired or let go—putting them at risk of forfeiting a significant payout.
If you’re terminated for cause, here are four things you need to do.
1. Remain calm and professional
After learning that you’re being let go without severance pay, it can be extremely tempting to lash out at your employer. However, keeping your cool is crucial.
Severance in B.C. can be as much as 24 months’ pay. Getting angry or doing something to hurt the company could affect the amount of compensation you’re legally entitled to.
READ MORE: Law firm’s tool helps British Columbians determine their severance entitlements
Just like the sales associate, your best course of action is to contact my firm. We can help you secure the severance package you’re owed if this type of dismissal wasn’t appropriate in your situation.
2. Review your record of employment
If you’re wrongfully fired for cause, this misclassification will likely appear on your record of employment (ROE)—affecting your ability to access employment insurance (EI) benefits.
At this point, many British Columbians believe their fate is sealed and simply throw in the towel.
However, all hope isn’t lost. If you don’t meet the conditions necessary for this type of dismissal, an employment lawyer can help you obtain a new ROE that doesn’t claim you were fired for cause—allowing you to access EI benefits during this time of financial turmoil.
3. Look for work in a similar position or field
In B.C., non-unionized workers are required to make a reasonable effort to find comparable employment after being fired or let go. This is known as an employee’s duty to mitigate.
If you don’t look for work in a similar position or field following your dismissal, it can affect how much severance pay you’re ultimately owed.
READ MORE: Fired from your job? 3 reasons you have to look for a new one
To prove that you did try to find comparable employment, document the entire job hunt. Keep a record of every company you applied to, the date you applied, the position you applied for and the outcome of each application.
4. Contact us
If you’ve lost your job for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.
My firm has helped tens of thousands of non-unionized individuals in B.C. quickly and effectively resolve various workplace issues, including wrongful dismissals.
READ MORE: 5 ways the Pocket Employment Lawyer can unlock your workplace rights
Our goal is to deliver the results that matter to you. We’ve structured our fees to be as transparent, fair and accessible as possible.
Fired for cause? Not sure if you’ve been wrongfully dismissed?
Contact the firm or call 1-855-821-5900 for a consultation with an employment lawyer. Get the advice you need and the compensation you deserve.
Lior Samfiru is an employment lawyer and co-founding partner at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. He provides legal insight on Canada’s only Employment Law Show on TV and radio.