I Have Been Dismissed (Fired) without Just Cause

The general rule is that you can be dismissed (fired or laid off) even if you’ve done nothing wrong, and the law can't require that you get your job back. There are exceptions, however:

• Union members: If you belong to a union, your union representatives can file a grievance on your behalf. The arbitrator can order that you be reinstated, along with back pay.
• Human rights violations: If you believe that you've been fired because of your race, political belief, religion, marital or family status, physical or mental disability, sex, sexual orientation, age or a criminal conviction, you can file a human rights complaint, and the BC or federal human rights tribunal could order that you be reinstated, along with lost pay. See "I am being discriminated against or sexually harassed" in this Guide.
• Health or safety complaints: If you believe that you've been fired because you complained about a health or safety matter (relating to yourself or anyone else), you can file a discrimination complaint with workers' compensation (WorkSafeBC). WorkSafeBC can order that you be reinstated and receive back pay unless the employer can prove that your health and safety actions had nothing to do with your dismissal.
• Federally regulated employees: If you have been fired after being employed in a federally regulated industry for twelve (12) months or more, you can ask an adjudicator for an order for lost pay and, if you wish, that you be reinstated.

If you don't fall within one of these groups, you won't be able to get your job back, but you are entitled to receive notice before your employment ends, or pay in lieu of notice. The minimum notice requirements depend on whether your employer is federally or provincially regulated (for a brief explanation, see "My employer isn't paying my wages" in this Guide).

If your employer is provincially regulated, you are entitled to at least:

• One (1) week's notice (or equivalent pay) after three (3) consecutive months of employment.
• Two (2) weeks' notice (or equivalent pay) after twelve (12) consecutive months of employment.
• Three (3) weeks' notice (or equivalent pay) after three (3) consecutive years of employment, plus an additional week's notice (or equivalent pay) for each additional consecutive year of employment to a maximum of eight (8) weeks' notice (or equivalent pay).

If your employer is federally regulated, you are entitled to at least two (2) weeks' notice or two (2) weeks of severance pay in lieu of notice once you have completed three (3) consecutive months of employment.

In addition to your entitlement to minimum notice (or pay in lieu of notice), you may also be entitled to common law reasonable notice (or pay in lieu of notice). This additional entitlement may be significantly more than the minimum amounts. The additional common law reasonable notice may also require you to take steps to "mitigate" your loss of income and benefits. This means that, after your employment ends, you may have a legal obligation to take reasonable steps to find new employment. A failure to mitigate may affect your entitlement to the amount of common law reasonable notice.

If you have not been explicitly dismissed (fired), but your employer has taken action to demonstrate that it no longer wishes to continue your employment, this may be a constructive dismissal. Since you have not been formally dismissed, the employer's action is referred to as a "constructive" dismissal. If you can prove that you have been constructively dismissed, you may be entitled to the minimum notice entitlement and common law reasonable notice.

First steps

If you did not receive the notice or equivalent pay that you are entitled to:

1. Follow the steps outlined in "My employer isn't paying my wages" to file an employment standards complaint. The steps will vary depending on whether your employer is federally or provincially regulated. If your employer is federally regulated, you must file your complaint within ninety (90) days of the dismissal. If your employer is provincially regulated, you must file your complaint within six (6) months of the dismissal. In either case, you need to act quickly.
2. If you have been dismissed without just cause, you may also sue your employer in court for wrongful dismissal. See "I need to take someone to court" in this Guide. A judge may order your employer to pay you more money that the provincially or federally regulated minimums described above. If you intend to commence legal proceedings in court for wrongful dismissal, you must file your claim within two (2) years of the dismissal.

If you have been dismissed for "just cause", you may still have a chance to make a claim. Speak to a lawyer or advocate immediately, as the timelines noted above will apply.

If you belong to a union and have been dismissed from your job, you should immediately ask your shop steward or other union representative to file a grievance on your behalf.

What happens next

If you have filed an employment standards complaint, see "My employer isn't paying my wages" in this Guide for what happens next. If your employer is federally regulated and you have worked twelve (12) or more months, you can apply for an order for all the pay you would have earned had you not been dismissed and, if you wish, that you be given your job back. Note that you may be awarded less than your full loss of earnings depending on the facts.

If you have chosen to sue your former employer, see "I need to take someone to court" in this Guide for what happens next.

Where to get help

See the Resource List in this Guide for a list of helpful resources. Your best bets are:

• Employment Standards Branch of BC if your employer is provincially regulated, and Employment Standards (Canada) if your employer is federally regulated.
• Access Pro Bono, Lawyer Referral Service, and private bar lawyers.
• The Clicklaw common question "I’ve been dismissed (fired) without just cause."

Before meeting with a lawyer or advocate, complete the form Preparing for Your Interview included in this Guide. Make sure you bring copies of all documents relating to your case.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Trevor Thomas, March 2017.

Legal Help for British Columbians © Cliff Thorstenson and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.

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