Wrongful dismissal and severance review | Vancouver, BC

Wrongful Dismissal Lawyer Vancouver

Being fired can leave you with several decisions to make at once.

You may have a termination letter, a severance package, a release and a deadline to respond. Your employer may have said the termination was without cause, or accused you of misconduct and said you were fired for cause.

Before you sign anything or assume the employer's position is the final answer, Tim Louis can review what happened, what the documents say and what rights may still need to be considered.

Vancouver officeClients across British ColumbiaPractising law since 1984

Free consultation Call 604-732-7678

You do not need your entire employment history organized before you call. Start with your employment agreement, termination letter and severance package if you have them.

Quick Answer

What is wrongful dismissal in BC?

Wrongful dismissal does not simply mean that an employer fired you without a good reason.

In many non-unionized employment relationships, an employer can end employment without alleging misconduct. The important question is whether the employer met the legal obligations that applied when the employment ended.

Depending on the circumstances, that can involve:

minimum termination rights under the BC Employment Standards Act
the wording of your employment agreement
possible common-law reasonable notice
salary, benefits, bonus or commission issues
whether the employer is alleging just cause
disability, medical leave or discrimination concerns
the terms of any severance release you are being asked to sign

There is no universal severance formula.

The documents and facts need to be reviewed together.

Who this page is for: This page is primarily for non-unionized employees in Vancouver and British Columbia whose employment has ended or is about to end. Unionized employees generally need to consider the grievance process under their collective agreement. Federally regulated employees may be governed by a different employment-law regime. If you are not sure which system applies, Tim can help identify the right starting point.

Before you sign or respond

Slow the Decision Down Long Enough to Understand It

Keep the documents

Start with what you have

Save your employment agreement, termination letter, severance offer, proposed release, benefit information, bonus or commission plan, recent pay information and relevant performance records or correspondence.

Write down what happened

Preserve the sequence

Record the important dates, who told you that you were being dismissed, what reason was given, whether cause was mentioned, what happened beforehand and what deadline you have been given.

First response

Do not let the meeting write the whole record

A termination meeting can be upsetting. You do not have to write a detailed rebuttal that same day, and you do not have to accept the employer's characterization simply because it appears in a formal letter.

Release

Understand it before signing

A release is generally intended to create finality around the claims and rights it covers. That is why the best time to understand it is before you sign it.

Start with what happened

Which Situation Is Closest to Yours?

I was fired without cause

A without-cause termination usually means the employer is ending the employment relationship without alleging misconduct serious enough to justify dismissal for cause. The question is whether the employer has provided what the law and employment relationship require.

This page provides the first review of a without-cause termination and the documents the employer has given you.

My employer says I was fired for cause

Being told that you were dismissed for cause is different from the employer proving that cause existed. The conduct and surrounding circumstances need to be reviewed.

Read Fired for Cause in BC

I received a severance package and release

The number on the first page is only one part of the package. Benefits, bonuses, commissions, confidentiality, tax treatment and the release of claims may also matter.

Read Severance in BC

I was fired while sick, disabled or on medical leave

The termination may raise employment, protected-leave, accommodation, human-rights or benefits issues in addition to severance.

Read Fired While on Medical Leave in BC

I have not been fired, but my job changed significantly

A substantial change to pay, duties, authority, hours, location or another important employment term may be a constructive-dismissal issue rather than a conventional termination.

Read Constructive Dismissal in British Columbia

I am not sure wrongful dismissal is the right issue

If you are still employed, on a PIP, dealing with a major workplace change or facing another employment problem, start with Tim's broader employee-side service hub.

Go to Employment Lawyer Vancouver

The central distinction

Why an Employer Ended Your Job and Whether the Termination Was Lawful Are Different Questions

An employer may have a genuine business reason for ending a position. The company may be restructuring. A department may be closing. Costs may be reduced. A position may no longer be required.

Those facts can explain why the employer made its decision. They do not, by themselves, determine what the employee is entitled to receive when the relationship ends.

A business reason can explain the termination without answering the severance question.

Where termination rights can come from

There May Be More Than One Layer

1 · Statutory minimums

BC employment-standards minimums

For employees covered by British Columbia's Employment Standards Act, minimum termination obligations generally increase with consecutive length of service, subject to the Act's requirements and exceptions.

The Act uses the term “compensation for length of service.” Employees and employers often use “severance” more broadly when referring to termination compensation.

These are minimum statutory protections. They are not a universal measure of an employee's complete entitlement.

2 · Contract

Your employment agreement

The wording of the employment agreement can be critical. A termination clause may attempt to define what happens when employment ends. Other provisions may address bonuses, commissions, benefits, confidentiality or restrictive obligations. The actual wording needs to be reviewed.

3 · Common law

Possible reasonable notice

Where an enforceable employment agreement does not validly limit the employee's rights, common-law reasonable notice may need to be considered.

There is no fixed number of weeks for every year worked. The analysis is individualized.

Your severance package is more than a number

What Should Be Reviewed?

Salary or pay in lieu of notice

What period is the employer offering to cover?

Benefits

Will benefits continue, and for how long?

Bonus or incentive compensation

Would incentive compensation have been earned during an applicable notice period, and what does the plan say?

Commissions

Are there commissions already earned or connected to work completed before termination?

Outstanding amounts

Are wages, vacation pay, expenses or other amounts still owing?

The release and restrictions

What rights are being released, and are confidentiality, non-disparagement or other obligations included?

Short deadline to sign?

Do not ignore the employer's deadline. But an offer deadline and a legal limitation period are not necessarily the same thing. Get advice promptly rather than assuming either that the date is absolute or that it can safely be ignored.

Read about 24- or 48-hour signing deadlines Read Severance in BC

If the employer alleges cause

Calling It “Cause” Does Not Prove Cause

A cause allegation is serious because the employer may take the position that little or no termination notice or compensation is owed.

But the analysis is contextual. A lawyer reviewing the allegation may want to understand what conduct is alleged, what actually happened, how serious the conduct was, whether workplace policies were clear, whether similar issues had occurred before, whether warnings were given, what investigation took place, whether the employer heard your explanation and whether dismissal was a proportionate response.

The employer's label is not the legal analysis.

Preserve the termination letter, policies, warnings, investigation correspondence, performance records and relevant communications. If the allegations are inaccurate, resist the temptation to answer every point while angry. A careful response is usually more useful than a fast one.

Read Fired for Cause in BC

Medical leave, disability and termination

Some Dismissals Have Another Legal Layer

Being sick or disabled does not make an employee immune from termination.

It also does not mean disability can simply be ignored when an employer decides to end the relationship.

Where illness, disability or medical leave overlaps with termination, questions may include what the employer knew, whether accommodation had been requested, whether the employee was on a protected leave, whether performance or attendance concerns were connected to disability, what happened immediately before termination and whether benefit coverage or LTD issues also need to be reviewed.

These issues should be separated rather than treated as one general severance question.

Read Fired While on Medical Leave in BC

What people often get wrong

The Employer's Version Is Not Necessarily the Whole Analysis

“They can fire me for any reason, so there is nothing to review.”

An employer may be able to terminate without alleging cause. That does not answer what obligations arise when it does.

“The Employment Standards Act tells me my full severance.”

The Act establishes important statutory minimums for covered employees. It may not answer every termination entitlement.

“I worked there for ten years, so I automatically get ten months.”

There is no universal one-month-per-year rule. Reasonable notice is assessed from the circumstances.

“The employer called it cause, so I must have lost my severance.”

The employer's label is not the legal analysis. The alleged conduct and surrounding circumstances need to be examined.

“This is the company's standard package.”

It may be standard. That does not establish that it is appropriate for your employment relationship.

“The deadline is Friday, so I have to sign by Friday.”

Do not ignore an employer's deadline. But an offer deadline and a legal limitation period are not necessarily the same thing.

What should I bring to a first review?

Start With the Documents Closest to the Termination

You do not need a perfect file before calling.

employment agreement and amendments
offer letter
termination letter
severance proposal
proposed release
recent pay information
bonus or commission plan
benefit information
relevant workplace policies
warnings or performance reviews
important emails or messages
medical-leave or accommodation correspondence, where relevant
notes from important meetings
the response deadline
a short timeline of what happened

If you do not have everything, start with what is already in your hands.

How Tim reviews a wrongful dismissal

I Start With the Termination Documents

When someone contacts me after being fired, I want to see what the employer actually said and what the employee is being asked to sign.

Then I work backwards.

What does the employment agreement say? Was the termination for cause or without cause? What was the employee earning? Were bonuses, commissions or benefits part of the compensation? What happened before the termination? Was there a performance history? Was medical leave, disability or accommodation involved? Is there a deadline? Has the employee already responded or signed anything?

From there, I can separate the issues.

One person may primarily need a severance review. Another may be facing an unsupported allegation of cause. Someone else may have a human-rights or medical-leave issue in addition to the termination.

The goal is not to make the situation more complicated.

It is to identify which parts actually matter before you make the next decision.

What happens in a Free consultation?

The First Goal Is to Understand Where You Stand

Start with the termination

Tell Tim what happened and what reason the employer gave.

Review the documents

The employment agreement, termination letter, severance package and release usually provide the starting point.

Identify the important legal questions

That may include statutory minimums, the contract, reasonable notice, cause, benefits, incentive compensation, disability or another issue.

Decide what makes sense next

The next step may be clarification, negotiation, a response to an allegation, another legal step, or deciding that the package is reasonable. Speaking with a lawyer does not commit you to litigation.

Why employees choose Tim Louis

Direct Advice From a Vancouver Lawyer

Tim Louis has practised law in Vancouver since 1984.

For more than four decades, he has helped people navigate legal problems involving employment, income, health and major life changes.

His approach is practical and direct.

Understand what happened. Read the documents. Identify what the law changes. Explain the options clearly. Then help the client decide what makes sense next.

Tim assists employees in Vancouver and across British Columbia with wrongful dismissal, severance, termination for cause and without cause, constructive dismissal and employment problems involving illness or disability.

Not sure whether wrongful dismissal is the right issue?

If you are still employed, facing a major workplace change, on a PIP, dealing with harassment or trying to understand another employment problem, start with Tim's broader employment-law service page.

Employment Lawyer Vancouver

Frequently asked questions

Common Questions After a Dismissal in BC

Can my employer fire me without cause in BC?

In many non-unionized employment relationships, yes. An employer can often end employment without alleging misconduct, but it may still have statutory, contractual, common-law or other legal obligations to the employee. The reason for termination and the employee's entitlement are related questions, but they are not the same question.

What makes a dismissal wrongful?

Wrongful dismissal commonly concerns whether an employee received the notice, compensation, benefits or other legal treatment required when employment ended. It may also involve an unsupported allegation of just cause or another legal issue connected to the termination.

Is severance based only on years of service?

No. Length of service can be important, but common-law reasonable notice may also take into account factors such as age, the nature of the employment and the availability of comparable work. The assessment is individualized.

What are the minimum termination requirements in BC?

For many employees covered by the BC Employment Standards Act, section 63 provides minimum notice or compensation requirements that increase with consecutive service, subject to the Act's rules and exceptions. Those statutory minimums are not necessarily the same thing as an employee's complete legal entitlement.

Can my employment agreement limit my termination rights?

Potentially. An enforceable termination clause can affect the analysis. The wording of the agreement and whether it complies with applicable law need to be reviewed rather than assumed.

What if my employer says I was fired for cause?

Preserve the employer's letter and the records connected to the allegation. Cause is assessed contextually. The employer's use of the word “cause” is not conclusive.

Should I sign my severance release?

Understand it first. A release may affect legal claims and may contain obligations concerning confidentiality or other matters in addition to the payment being offered. The best time to review the release is before signing it.

What happens to my bonus or commissions?

That depends on the employment agreement, plan wording, timing and surrounding circumstances. Incentive compensation can require analysis of what would have been received during an applicable notice period and whether the contract clearly alters that result.

Do I need to look for another job?

Where common-law wrongful-dismissal damages are being claimed, reasonable efforts to find suitable alternative work can become relevant. What is reasonable depends on the circumstances. Keep a record of your job search if you are looking for new employment.

What if I was fired while on medical leave?

Medical leave or disability can add separate employment-standards, human-rights, accommodation or benefit questions. The termination should be reviewed in context rather than treated as an ordinary severance issue simply because the employee was away from work.

Do I have to sue my employer?

No. A legal consultation does not commit you to litigation. Depending on the facts, the appropriate next step may be clarification, negotiation, a written response, another legal process or no further action.

Does Tim Louis offer a Free consultation?

Yes. Call 604-732-7678, email timlouis@timlouislaw.com, or use the online contact form to request a Free consultation.

Official and legal sources

Primary Authorities Behind This Page

This page uses public primary legal sources and leading Canadian employment-law authorities to explain general principles.

British Columbia Employment Standards Act

Provincial statutory framework, including section 63 compensation-for-length-of-service requirements for covered employees.

British Columbia Human Rights Code

Provincial employment-discrimination protections, including physical and mental disability.

Machtinger v. HOJ Industries Ltd.

Supreme Court of Canada authority concerning termination provisions and wrongful dismissal.

McKinley v. BC Tel

Supreme Court of Canada authority emphasizing contextual and proportionate analysis of alleged misconduct.

Honda Canada Inc. v. Keays

Supreme Court of Canada authority relevant to individualized reasonable-notice analysis.

Matthews v. Ocean Nutrition Canada Ltd.

Supreme Court of Canada authority concerning incentive compensation during the reasonable-notice period.

Page review

Reviewed as a Living Legal Information Page

Last reviewedSeptember 2026

Legal reviewTim Louis

JurisdictionBritish Columbia, Canada

General information only, not legal advice. Employment agreements, workplace histories, statutory rights, common-law rights, human-rights obligations and available remedies vary. For advice about your own termination, contact a lawyer directly.

Free consultation

Before You Sign or Respond, Understand What the Termination Documents Actually Change

If you have been fired, given a severance package, asked to sign a release or accused of cause, you do not need to calculate your own legal entitlement before asking for advice.

Start with the documents. Tell Tim what happened. A Free consultation can help you understand what needs to be reviewed and what to be careful about before taking the next step.

Call604-732-7678

Emailtimlouis@timlouislaw.com

Office

2526 West 5th Ave, Vancouver, BC V6K 1T1

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Tim Louis
Lawyer · Advocate · Vancouver

Wrongful Dismissal Lawyer Tim Louis – Vancouver and BC