A troubling case that my team recently resolved involved a supply chain analyst in Vancouver who was fired shortly after refusing to resign.
The individual received an email from his manager—encouraging him to quit because his position and several others were going to be “wiped out” as part of an “organizational restructuring.”
While the supply chain analyst was saddened by the update, he clearly stated in his response that he couldn’t afford to resign and forfeit his severance package.
Roughly two hours later, he got a phone call from his boss—informing him that he was being let go without severance pay, effective immediately.
READ MORE: Fired for no reason? A lawyer explains why your employer can do that
Almost too stunned to speak, the supply chain analyst managed to politely ask why this was happening. His manager told him that he “should’ve quit” before the call ended abruptly.
Certain he was entitled to compensation, he cleared his desk and contacted Samfiru Tumarkin LLP as soon as he got home.
After reviewing his situation, we informed the supply chain analyst that he was well within his rights to pursue full severance pay through a wrongful dismissal claim.
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Given the strength of his case, we were able to secure a favourable amount of compensation for our client.
READ MORE: Tech exec’s severance victory: Turning termination into triumph
Being pressured to resign puts British Columbians in an extremely difficult position. If you’re fired or let go after refusing to quit your job, here are four things you need to do.
1. Remain calm and professional
It can be very tempting to lash out at your employer after learning that you’re being terminated. However, your best course of action is to keep your cool.
Severance for non-unionized employees in British Columbia 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: 5 ways to determine if your severance package is fair
If you’re let go without severance pay, like the supply chain analyst, contact an experienced employment lawyer at Samfiru Tumarkin LLP. We can determine if this type of dismissal was appropriate in your situation and help you secure proper compensation if it wasn’t.
2. Review your severance offer before signing it
Contrary to popular belief, British Columbians don’t have to accept a severance offer immediately.
If you receive a severance offer from your boss, hold off on signing anything until you speak with my firm. The company can’t force you to accept it on the spot or a few days after it was provided to you.
READ MORE: 5 things employees should never do before talking to an employment lawyer
As long as you didn’t sign the offer and return it to your employer, you have two years from the date of your dismissal to pursue full severance pay.
3. Check your employment contract for a termination clause
Termination clauses can limit the amount of compensation that individuals are owed when they’re fired or let go.
If the employment contract you signed does include this provision, all hope isn’t lost.
These clauses are often unenforceable—failing to hold up in a court of law for various reasons.
4. Contact us
If you lost your job after refusing to resign, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.
Since 2007, my firm has helped tens of thousands of non-unionized employees in B.C. resolve their workplace issues.
We can review your situation, enforce your rights and ensure that you receive the compensation you’re legally entitled to.
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? Lost your job? Boss pressuring you to accept a severance offer immediately?
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.