Termination from a job can be incredibly upsetting both on an emotional and financial basis. Knowing what qualifies as appropriate termination notice in British Columbia can help to ensure that you are protected as an employee if you are terminated from your position. At Linley Welwood, we are seasoned in employment law and it is important to us that people understand their legal rights upon losing their job.
Reasonable Termination Notice and Severance Pay Standards in BC
If an employee is terminated without cause in British Columbia, they are entitled to a certain amount of notice or pay in lieu of notice. When determining the amount of notice and/or severance pay that an employee is owed, there are two main legal standards that apply: the BC Employment Standards Act and common law. Although an employer can get around the common law requirements to provide notice and/or payment in lieu of notice by way of employee contracts, the amount of notice and severance cannot be less than what is stipulated by the Employment Standards Act.
Appropriate Termination Notice in BC
Under the Employment Standards Act, employers are required to give a certain amount of notice, pay, or both. The amount that an employee is owed in notice or severance pay is typically a fairly straightforward amount under the Employment Standards Act, but the amount can change under common law or exceptional circumstances. The Employment Standards Act dictates that the amount of written notice or pay that an employee is owed is based on the length of their employment, as follows:
- Three months employed = one week of notice or pay
- One year employed = two weeks of notice or pay
Three or more years employed = three weeks of notice or pay, plus one week per each additional year of employment, to a maximum of eight weeks. Common law standards for determining appropriate termination notice is determined based on a number of factors. The factors that used to determine how much notice and/or pay in lieu of notice an employee is entitled to for termination without cause are:
- Length of employment
- Type of position (factoring in salary and amount of responsibility)
- Availability of similar employment in the job market
- Age of employee
If you have more questions about what qualifies as appropriate termination notice in British Columbia, or if you are interested in any of our legal services, please contact Linley Welwood at 604-850-6640 or by filling out a contact form on our website.