In British Columbia, it’s not unusual for businesses to scale back their staffing levels during a restructuring.
A shocking case that my team will never forget involved a software engineer in Vancouver who was laid off as part of an “organizational shakeup.”
Saddened by the layoff, the individual shook his manager’s hand and cleared his desk before heading home. Two days later, he sent his boss an email—noting that he hadn’t received his severance offer yet.
The manager’s response left the software engineer speechless. He was told that he wasn’t owed any compensation due to the restructuring.
Certain that he’d been wrongfully dismissed, the software engineer printed off a copy of his email exchange with his boss and contacted Samfiru Tumarkin LLP.
Given the strength of his case, we were able to quickly secure the severance pay our client was legally entitled to.
READ MORE: Tech exec’s severance victory: Turning termination into triumph
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While the software engineer was well aware of his rights to severance after being let go, many British Columbians aren’t—putting them at risk of forfeiting a significant payout.
If you lose your job during a restructuring, here are four things you need to do.
1. Remain calm and professional
After learning that you’re being fired, it can be extremely tempting to lash out at your boss. However, 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 let go without severance pay, like the software engineer, 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 their employer’s 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 rarely enforceable—failing to hold up in a court of law for various reasons.
4. Contact us
If you lost your job during a restructuring, 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. quickly and effectively resolve their workplace issues.
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.