After asking for a raise, most non-unionized employees in British Columbia aren’t expecting their boss to fire them or let them go.
Unfortunately, it’s common for employers in the province to terminate staff shortly after they request an increase in pay. Despite this seeming unethical to many people, companies are within their legal right to do so.
This is known as a termination without cause. Non-unionized workers can be let go for any reason, as long as they are provided full severance pay and the reasons for their dismissal aren’t discriminatory.
However, many British Columbians are unaware of their rights to severance when they are fired or let go – putting them at risk of receiving less compensation than they deserve.
If you are terminated shortly after asking your boss for a raise, here are four things you need to do.
1. Remain calm and professional
While it can be extremely tempting to get angry at your employer for letting you go after requesting a pay increase, it’s crucial that you don’t react in the heat of the moment.
Losing your temper during your termination meeting or doing something to negatively affect the company could reduce the amount of severance pay you are legally entitled to.
By remaining calm and professional, your boss won’t have a reason to deny you the compensation you are owed.
READ MORE: 5 ways to determine if your severance package is fair
Get daily National news
In some cases, employers try to get out of providing severance by claiming that they have grounds to fire staff for cause. However, non-unionized employees usually don’t meet the conditions necessary for this type of dismissal.
Regarded as the harshest punishment in a company’s arsenal, it’s reserved for the most severe workplace transgressions, such as blatant disobedience, theft or violence.
Not only does your boss have to prove progressive disciplinary measures were applied, but that a lesser penalty wouldn’t be suitable, which is very hard to do.
If you are fired for cause, contact an experienced employment lawyer at Samfiru Tumarkin LLP immediately.
We can determine if this type of dismissal was appropriate in your situation and help you secure proper compensation if it wasn’t.
READ MORE: 5 of the most common employer mistakes — and what employees can do about them
2. Gather any relevant documents
A tactic commonly used by employers to get rid of staff who ask for a raise is to suddenly claim that there are issues with their job performance.
One of the firm’s clients, a financial consultant working in Vancouver, asked her boss in an email if it would be possible to increase her salary by five per cent.
Less than a week later, the company informed her that she was being let go without severance due to “poor job performance.” This confused the employee because she had met her performance targets for the year.
READ MORE: Fired after a performance review in B.C.? 4 things to know
Instead of getting angry during her termination meeting, she continued to be professional and contacted Samfiru Tumarkin LLP.
While explaining her situation to our lawyers, the employee provided the entire email conversation she had with her boss regarding the raise as well as her most recent performance review.
After reviewing the documents, it was very clear that the employee didn’t meet the conditions necessary to be fired for cause.
As a result, we were able to secure a comprehensive severance package for the former financial consultant.
3. Carefully review your severance offer before accepting it
In B.C., many non-unionized workers believe that they have to sign their employer’s severance offer as soon as possible.
The reality is that companies often pressure staff to immediately accept severance packages that provide them with far less compensation than they are owed.
READ MORE: Law firm’s tool helps employees figure out how much severance they’re owed if fired
Once your boss provides you with a severance offer, take the time to carefully review it. The company can’t legally force you to sign it before leaving a termination meeting or a few days after receiving it.
If you are unsure of anything, speak with an experienced employment lawyer at Samfiru Tumarkin LLP before accepting it.
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, which can be as much as 24 months’ pay.
4. Contact us
After working up the courage to ask their boss for a raise, many of our clients were devastated when they found out that they were being fired following the conversation.
If you lost your job after requesting an increase in pay, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.
We have helped numerous non-unionized individuals across B.C. resolve their workplace issues.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
Our lawyers can review your situation, enforce your rights and ensure that you receive the compensation you are legally entitled to.
Fired after asking for a raise? Boss pressuring you to accept a severance offer immediately?
Contact the firm or call 1-855-821-5900 to secure assistance from an employment lawyer in British Columbia, Alberta and Ontario. Get the advice you need — and the compensation you deserve.
Lior Samfiru and Sandy Chen are employment lawyers at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. The firm provides free advice through Canada’s only Employment Law Show on TV and radio.