Wrongful Dismissal in British Columbia
Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
If you've worked for a federally regulated employer for 12 months or more, you have strong protections against being fired without a good reason.
Notice of termination depends on how long you've worked:
- 3 months to 3 years: 2 weeks' notice
- 3 to 8 years: graduated up to 8 weeks
- 8+ years: 8 weeks' notice
Severance pay (after 12+ months): the greater of 2 days' wages per year of service or 5 days' wages.
You can also file an unjust dismissal complaint under section 240, which can result in reinstatement to your job and back pay.
When does it apply?
- You work for a federally regulated employer.
- 3+ months of service for notice rights.
- 12+ months of continuous service for severance pay and unjust dismissal protection.
- Not available to managers or workers covered by a collective agreement (union contract).
What to Do If You Were Wrongfully Dismissed by a Canadian Employer
- File your complaint within 90 days of being dismissed — this deadline is strict and cannot be extended.
- Keep your termination letter and Record of Employment (ROE).
- Request written reasons for your dismissal — your employer must provide them within 15 days of your request.
What should you NOT do?
- Don't sign a release or settlement without fully understanding what rights you're giving up. Consider getting legal advice first.
- Don't miss the 90-day deadline — once it passes, you lose your right to file.
- Don't assume any reason is just cause. The law sets a high bar for employers to prove they had a good reason to fire you.
How British Columbia differs from federal law
BC's Employment Standards Act sets minimum notice or pay in lieu of notice for termination without cause. However, courts in BC regularly award longer common-law notice periods that go well beyond these statutory minimums.
- Statutory minimum notice ranges from 1 week (after 3 months of employment) up to 8 weeks (after 8 or more years). There is no statutory severance pay on top of notice in BC — unlike Ontario, which has a separate severance entitlement.
- Common-law reasonable notice (awarded by courts) depends on the employee's age, length of service, character of employment, and availability of similar work. BC courts have awarded up to 24 months in exceptional cases.
- An employer can terminate without notice for just cause, but the threshold is high. The employer bears the burden of proving the employee's misconduct was serious enough to justify immediate dismissal.
- Group terminations (50 or more employees within a 2-month period) require 8 to 16 weeks' notice to the Minister of Labour depending on the number of workers affected.
Additional Steps in British Columbia
File an Employment Standards complaint for unpaid statutory notice or pay within 6 months of your termination. For a common-law wrongful dismissal claim, you can file in BC Supreme Court (no monetary cap) or the Civil Resolution Tribunal (for claims up to $5,000). Consult an employment lawyer — many offer free initial consultations and may work on contingency.
Relevant Law: Employment Standards Act, RSBC 1996, c. 113, ss. 63–67; common-law wrongful dismissal principles as applied by BC courts
Common Questions
When does wrongful dismissal apply?
You work for a federally regulated employer.3+ months of service for notice rights.12+ months of continuous service for severance pay and unjust dismissal protection.Not available to managers or workers covered by a collective agreement (union contract).
What should I do if I think my Canadian employer fired me without just cause?
File your complaint within 90 days of being dismissed — this deadline is strict and cannot be extended.Keep your termination letter and Record of Employment (ROE).Request written reasons for your dismissal — your employer must provide them within 15 days of your request.
What mistakes should I avoid with wrongful dismissal?
Don't sign a release or settlement without fully understanding what rights you're giving up. Consider getting legal advice first.Don't miss the 90-day deadline — once it passes, you lose your right to file.Don't assume any reason is just cause. The law sets a high bar for employers to prove they had a good reason to fire you.
Wrongful Dismissal in other states
Same topic, different jurisdiction. Pick the one that applies to you.