If you were offered a severance package in BC you may assume that the offer reflects what you are legally owed, but that is often not the case.

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While the BC Employment Standards Act sets out the minimum severance requirements for most employees, you are often entitled to much more under common law, contracts, collective agreements and other legislation.

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The amount of severance typically depends on factors that may include:

• How long you were employed;
• How old you are;
• Complexity and Specialization of Role;
• Seniority; and
• Availability of similar work.

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Employers are not required to automatically offer common law severance and often their severance offer reflects only the minimum obligations unless challenged. Sometimes employers will point to limitations to severance in an employment contract, but those contracts are not always enforceable.

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Before accepting any severance package, consider having it reviewed by a lawyer. What may seem like a reasonable offer could actually be the bare minimum you’re entitled to.

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If you have questions about your termination and are looking to get the most from your severance package, contact KSW Lawyers. We can help you move forward with clarity and support.

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