A chilling case that my team recently resolved involved a marketing specialist in Vancouver whose employment was terminated shortly after challenging a demotion.
The individual received a phone call from her manager—informing her that she was being moved to the role of “marketing assistant” as part of an “organizational restructuring.”
After taking a moment to process the update, the marketing specialist politely objected to the demotion and asked her boss if “other concessions” could be explored.
Three hours later, she got another call from her manager—notifying her that she was being let go without severance pay.
Resisting the urge to lash out at her boss, the marketing specialist asked why this was happening. Her manager told her that she “should’ve taken one for the team” before abruptly hanging up.
Certain she was entitled to compensation, the marketing specialist cleared her desk and contacted Samfiru Tumarkin LLP as soon as she got home.
Given the strength of her case, we were able to secure a comprehensive severance package for our client through a wrongful dismissal claim.
Get daily National news
READ MORE: Tech exec’s severance victory: Turning termination into triumph
Being fired after challenging a demotion can be devastating. Here are four things non-unionized employees in British Columbia need to do in this situation.
1. Remain calm and professional
No matter how upset you are that you’re being let go, keeping your cool is crucial.
Severance in the province 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 terminated without severance pay, like the marketing specialist, 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
When British Columbians receive a severance offer from their employer, many believe that they have to accept it immediately. However, this isn’t true.
If your boss provides you with a severance offer, don’t sign anything before speaking with my firm. The company can’t force you to accept it on the spot or a few days after receiving it.
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 rarely enforceable—failing to hold up in a court of law for various reasons.
4. Contact us
If you lost your job after challenging a demotion, 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.