Protect Your Rights: Understanding Wrongful Dismissal

A non-unionized employer is entitled to bring an end to the employment relationship, and under common law, an employer must give the employee reasonable notice of his/her termination, or compensation in lieu of reasonable notice. 

In British Columbia, all employers must comply with the minimum standards as set out in the Employment Standards Act, which provides a minimum of 1 week notice (or pay in lieu of notice) after 3 months of employment and for every year of service, up to a maximum of 8 weeks notice. 

This is the minimum standard that employers cannot fall below. 

The Employment Standards Branch of the government provides a quick and efficient system to help protect employees and will help you enforce your rights.

Under the common law, you may be entitled to a longer notice period, or compensation, particularly if you've been employed for more than 8 years and lose your job.

The compensation is the amount of salary you would have earned during the notice period. 

The amount of compensation dependents on several factors such as:

  • Your length of service
  • Age 
  • Type of work 
  • Level of responsibility,  and
  • Availability of similar employment

Many employers do not understand what is required under the common law and frequently provide only the minimum notice period (or payment in lieu of notice) under the Employment Standards Act, which is often unlawful and unfair. 

If you believe you have not been given reasonable notice, or compensation in lieu of reasonable notice, before you settle with your employer seek legal advice from an experienced lawyer, who can explain your rights and options.

For more information, please get in touch with one of our legal team at Genesis Law Group.