What to Know if You Lose Your Job in BC

Employment Law | December 23, 2021

Losing your job can be a stressful experience, especially if this loss was unexpected or occurred for no reason. If you have been unexpectedly terminated by your employer, it can be difficult to determine what to do next. That is why the employment lawyers at Linley Welwood have provided some information to help you know what to do if you lose your job in BC to ensure that you are getting everything you are entitled to.

What is working notice and when is it required?

3 Important Questions to Ask if You Have Lost Your Job

If you have just lost your job, it is important to ask yourself the following questions:

1. Do the BC Employment Standards Laws Apply to me?

BC Employment Standards laws cover most employees in British Columbia, but not all of them. If you have recently lost your job, it is crucial to determine if you are covered by these laws. If any of the following conditions apply to your previous job, you are likely covered by these standards:

  • You performed work for wages, regardless of the number of hours.
  • You performed work that was normally performed by an employee or received training to perform this work.
  • You are currently on leave from work and have a right of recall from a temporary layoff.
  • You are defined as an employee for your employer through your written employment contract.

2. Was There Cause for the Termination of my Employment?

While employees can be terminated without notice regardless of cause, it is still important to determine why you lost your position to ensure that you are getting everything you are entitled to. Employers have the right to terminate employees whenever they wish, but they must ensure that they are following the Employment Standards Act. If you were terminated without cause, your employer should have provided you with sufficient notice based on your duration of employment or severance pay in lieu of notice. If your position was terminated “with cause”, you should have received written warnings or write-ups prior to termination unless you were within a defined probationary period. Many employers fail to handle termination with cause correctly, so speak to an employment lawyer if you feel as though you were unfairly terminated.

Learn all about termination and notice periods.

3. When is Notice Not Required in BC?

In some situations, notice or severance is not required. This includes situations where:

  • You quit or retire.
  • You refuse to accept reasonable alternative employment.
  • You work on an on-call basis (where you can accept or reject jobs).
  • Your employment agreement is for a stated period.
  • You are hired for specific work to be completed in 12 months or less.
  • You work at a construction site.
  • You are a teacher employed by a board of school trustees.

What is considered wrongful dismissal?

To learn more about termination, notice, and other areas of employment law, get in touch with the employment lawyers at Linley Welwood. We can be reached through our online contact form and will be happy to discuss the details of your employment law case or answer your questions.

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