Wrongful Dismissal BC

When you've been wrongfully dismissed from your job, it can be hard to know where to turn to for help. An experienced employment lawyer can help you get the compensation you deserve.

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KSW Lawyers is here for you. We are a full-service law firm and have represented countless clients across British Columbia in claims for wrongful dismissal and in pursuing wrongful dismissal damages.

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Our KSW employment lawyers have over 65 years of employment law experience, including experience litigating at all levels of Court, provincial and federal workplace tribunals, and judicial reviews. We are known throughout British Columbia for our thorough and professional representation and innovative approach to cases.

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How a KSW Employment Lawyer Can Help You

Employment law is a specialized area, so we have a team of employment lawyers who focus solely on this field. They have the skills and know-how to guide you and give you the right advice if you have been wrongfully dismissed and require legal services.

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Our attorneys are all experts on the Employment Standards Act and have helped many people learn their rights when it comes to wrongful dismissal. We want to empower our clients with the knowledge to make the right decisions. We do this by educating employees and employers on their rights and obligations under the law and tirelessly working with them to achieve the outcome that meets their needs.

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The modern workplace is constantly changing and presenting unique problems for individuals. By working with an employment lawyer from our firm, we can help you resolve matters by defending your interests and giving you the edge you need to come out on top in wrongful dismissal-related disputes and litigation.

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We strive to make workplace law comprehensible and provide guidance that helps stressed and confused employees and/or employers who are facing legal problems and in need of help. If you're facing wrongful dismissal, a violation of your employment contract and/or employment relationship, or haven't been given reasonable notice, you can trust our employment lawyers to advocate for you and your job rights to help you get the resolution you deserve.

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If you're in British Columbia and in need of legal help, contact us here.

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Wrongful Dismissal FAQ

British Columbia

Most employment rights are covered by provincial legislation, however, federal law applies in certain circumstances. For provincially regulated workplaces in BC, the Employment Standards Act sets the rules for payment, compensation and working conditions in most workplaces.

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What is wrongful dismissal?

If an employer terminates a worker without respecting their legal rights, it may be regarded as wrongful dismissal or termination. In this case, the worker would be entitled to damages.

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What is an employment contract?

An employment contract is an agreement between an employee and their employer. It specifies the terms of the employer-employee relationship, including things like work hours, responsibilities, compensation, and termination terms.

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What is reasonable notice?

Employers must provide reasonable notice when terminating employees. If reasonable notice is not given, they are entitled to a severance payment in place of the notice.

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The length of the notice period is based on the following criteria:

• the employee's age
• the length of time the employee has held their position
• the type of job the employee held, including their salary and whether they had supervisory responsibilities
• the time it takes to find similar employment in the job market at the time of termination

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For many employees, reasonable notice of termination can amount to one month per year of service, or more.

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What is severance pay?

When employers terminate workers without cause, this is the amount of money that they compensate a worker.

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Do I qualify for severance pay?

If you were terminated and did not receive reasonable notice from your employer, you are entitled to severance IF your employment relationship fulfills the following conditions:

• You have continually worked under your employer for a minimum of three months
• You were terminated without just cause
• You did not wish to leave your job
• You did not leave on your own terms (ex. quit or retire)
• You were not on an on-call or limited-term contract
• You were not given an opportunity to continue working for the company in an alternative position
• Unplanned circumstances beyond the employer's control did not lead to the layoff (such as bankruptcy)

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How much severance pay am I entitled to?

Providing you have met the conditions outlined in the previous question, you are entitled to severance. The more years of service you have in the company, the more you can expect from a severance package. By working with a good employment lawyer, you may be able to claim much more.

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The following are some basic guidelines that apply to employees in British Columbia:

• After serving three months, you are entitled to a week's pay as severance.
• After serving twelve continuous months of employment, you are entitled to two full week’s pay
• After serving three continuous years of employment, you are entitled to three full week’s pay
• For each additional year of employment served, you are entitled to a week’s full pay

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One week’s full pay is calculated as follows: the total of your wages over eight weeks (minus overtime hours worked) divided by eight.

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What is constructive dismissal?

An example of this is when, without getting the employee's agreement beforehand, an employer substantially changes the terms of an employment contract. If this is found to be the case, the worker may be able to claim dismissal and damages.

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Our Employment Lawyers in British Columbia

Labour law is constantly evolving. Our firm has the up-to-date knowledge necessary to protect your legal rights and support you in settling conflicts. Our firm has specialized working groups with extensive expertise in various areas of labour law, including Employment and Labour, and WorkSafeBC.

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Our lawyers have successfully represented both employers and employees in a wide variety of matters before all levels of court. We frequently represent clients in matters involving wrongful dismissal claims, human rights complaints, harassment complaints, and other labour negotiations.

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We are passionate about helping our clients resolve the challenges in their workplaces. When you work with our team of lawyers, you work with a group of people who are focused on helping you find solutions that work for your needs. No matter what type of challenge you're facing in your workplace, our firm will protect your rights and prepare for a successful outcome.

We're on Your Side

Protecting your rights as an employee is a vital function of the law and our employment lawyers are dedicated solely to helping you resolve your disputes in the most efficient manner possible.

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If your employment rights have been violated by an employer, colleague, or another party in your place of work, start by contacting us with a brief overview of your problem and our team of employment lawyers will get in touch.