Losing your job can be overwhelming, especially if it catches you by surprise. Though minimum termination requirements are set by the BC Employment Standards Act, employees are often entitled to more under the common law, collective agreements or other legislation.

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One of the most common issues that arises termination is whether the employee was provided adequate notice or pay in lieu of notice. If inadequate notice or pay in lieu of notice is provided, it may be considered wrongful dismissal. In determining what period or notice or pay in lieu of notice is appropriate, a court will consider factors like your age, position, length of service and ability to find similar work.

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When an employee is dismissed, an employer will typically offer a severance package and ask them to sign documents. Many employees mistakenly believe the must accept the package and sign paperwork—that is not the case! You are not obligated to do so and have the option to consult with and have the package reviewed by a lawyer. Understanding your rights can bring peace of mind and may make a significant financial difference.

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If you have been dismissed, it is important to take these three simple steps:

1. Avoid signing anything right away
2. .Request any details in writing; and
3. Get legal advice before responding or accepting an offer.

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If you have missed any of these steps, it may not be too late. Sometimes it only takes a short conversation with a lawyer to clarify whether the offer you received is fair.

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If you have been terminated, contact KSW Lawyers. We can help you move forward with clarity and support.  

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