For most British Columbians, being fired for “insubordination” is both shocking and distressing. Individuals are often let go without severance pay—with their employer claiming they had “just cause” to do so.
Contrary to popular belief, insubordination doesn’t automatically meet the criteria necessary to justify a for-cause dismissal.
If this happened to you, don’t throw in the towel—you might be entitled to compensation. Here are three things that non-unionized workers need to do.
1. Remain calm and professional
During your termination meeting, it can be extremely tempting to lash out at your employer. However, keeping your cool is crucial.
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.
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Your best course of action after being fired for cause is to maintain your professionalism and bring your record of employment (ROE) to Samfiru Tumarkin LLP.
If you don’t meet the criteria necessary for this type of dismissal, we can help you obtain a new ROE that states you were terminated “without cause”—allowing you to access employment insurance benefits during this time of financial turmoil.
2. Look for work in a similar position or field
In B.C., non-unionized workers are required to make a reasonable effort to find comparable employment after being fired or let go. This is known as an employee’s duty to mitigate.
If you don’t look for work in a similar position or field post-termination, it can affect how much severance pay you’re ultimately owed if you’ve been wrongfully dismissed.
To prove that you did try to find comparable employment, document the entire job hunt. Keep a record of every company you applied to, the date you applied, the position you applied for and the outcome of each application.
3. Contact an employment lawyer
If you’ve been fired or let go for any reason, contact a B.C. employment lawyer at Samfiru Tumarkin LLP. We’ve helped thousands of non-unionized workers in the province enforce their rights and secure the compensation they’re legally entitled to.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
An unforgettable insubordination case that my team and I handled involved a software engineer in Vancouver who was let go without severance pay immediately after politely disagreeing with his manager on how best to approach a time-sensitive project.
The individual, who happened to catch an episode of the Employment Law Show on Global prior to his termination, was confident that he’d been wrongfully dismissed. He calmly cleared his workspace and phoned Samfiru Tumarkin LLP as soon as he got home.
My team and I confirmed that the software engineer was spot-on with his assessment of the situation. He didn’t meet the criteria necessary to be fired for cause—entitling him to full severance pay.
Following a brief phone call with his employer, we were able to secure every cent of compensation that our client was owed without getting the courts involved.
READ MORE: Tech exec’s severance victory: Turning termination into triumph
Fired for cause in British Columbia? Not sure if you’ve been wrongfully dismissed?
Contact Samfiru Tumarkin LLP 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.
