A shocking case that my team recently resolved highlights why British Columbians should immediately seek legal advice if their employer refuses to provide them with a severance package following their dismissal.
Our client, a secretary in Langley, was informed in her manager’s office that she was being laid off as part of a company-wide restructuring.
Saddened by the update, the individual asked her boss when she should expect her severance offer to arrive. To her surprise, her manager told her the company wouldn’t be providing one—claiming that her job performance was “too poor to warrant any compensation.”
Resisting the urge to lash out at her boss, the secretary took a deep breath, shook her manager’s hand and calmly cleared her desk. As soon as she got home, she contacted Samfiru Tumarkin LLP—certain that she’d been wrongfully dismissed.
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Given the strength of her case, we were able to secure the severance pay our client was legally entitled to without getting the courts involved.
READ MORE: Tech exec’s severance victory: Turning termination into triumph
Unlike the secretary, many non-unionized employees in the province aren’t aware of their rights to severance—putting them at risk of forfeiting a significant payout.
If your employer refuses to provide any compensation after you’re fired or let go, here are three things you need to do.
1. Remain calm and professional
While the revelation that you won’t be receiving a severance package might make your blood boil, keeping your cool is crucial in this situation.
Severance in B.C. 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 things employees should never do before talking to an employment lawyer
Following your termination meeting, continue to be professional and contact an experienced employment lawyer at Samfiru Tumarkin LLP. We can confirm if you’ve been wrongfully dismissed, like the secretary, and help you secure the severance pay you’re owed.
2. Carefully review your employment contract
It’s not uncommon for businesses in B.C. to include a termination clause in their employment contracts.
While this provision doesn’t excuse companies from providing severance pay, it can limit the amount of compensation individuals are entitled to when they’re fired or let go.
If the agreement you signed does include a termination clause, all hope isn’t lost. In our experience, they’re rarely enforceable—failing to hold up in a court of law for various reasons.
3. Contact us
Since 2007, the experienced employment law team at Samfiru Tumarkin LLP has helped tens of thousands of non-unionized individuals in B.C. quickly resolve severance disputes and other workplace issues.
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.
READ MORE: 5 ways the Pocket Employment Lawyer can unlock your workplace rights
Boss refuses to provide severance pay? Not sure if you’ve been wrongfully dismissed?
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.