A chilling case that my team recently resolved involved a
marketing specialist in Vancouver whose employment was terminated shortly after
challenging a demotion . The individual received a phone call from her manager—informing her that she was being moved to the role of “marketing assistant” as part of an “organizational restructuring.” After taking a moment to process the update, the marketing specialist politely objected to the demotion and asked her boss if “other concessions” could be explored. Three hours later, she got another call from her manager—notifying her that she was being
let go without severance pay . Resisting the urge to lash out at her boss, the marketing specialist asked why this was happening. Her manager told her that she “should’ve taken one for the team” before abruptly hanging up. Certain she was entitled to compensation, the marketing specialist cleared her desk and contacted Samfiru Tumarkin LLP as soon as she got home. Given the strength of her case, we were able to secure a comprehensive severance package for our client through a
wrongful dismissal claim .
Get breaking National news
Being fired after challenging a demotion can be devastating. Here are four things non-unionized employees in British Columbia need to do in this situation. No matter how upset you are that you’re being let go, keeping your cool is crucial. Severance in the province can be as much as
24 months’ pay . Getting angry or doing something to hurt the company could affect the amount of compensation you’re legally entitled to. If you’re terminated
without severance pay, like the marketing specialist, contact an experienced employment lawyer at Samfiru Tumarkin LLP. We can determine if this type of dismissal was appropriate in your situation and help you secure proper compensation if it wasn’t. When British Columbians receive a severance offer from their employer, many believe that they have to accept it immediately. However, this isn’t true. If your boss provides you with a severance offer, don’t sign anything
before speaking with my firm. The company can’t force you to accept it on the spot or a few days after receiving it. As long as you didn’t
sign the offer and return it to your employer, you have two years from the date of your dismissal to pursue full severance pay. Termination clauses can limit the amount of compensation that individuals are owed when they’re fired or let go. If the
employment contract you signed
does include this provision, all hope isn’t lost. These clauses are
rarely enforceable —failing to hold up in a court of law for various reasons. If you lost your job after challenging a demotion, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP. Since 2007, my firm has helped tens of thousands of non-unionized employees in B.C. resolve their
workplace issues . We can review your situation, enforce your rights and ensure that you receive the compensation you’re legally entitled to. Our goal is to deliver the results that matter to
you . We’ve structured
our fees to be as transparent, fair and accessible as possible.
Fired? Lost your job? Boss pressuring you to accept a severance offer immediately? Contact the firm or call 1-855-821-5900 for a consultation with an employment lawyer. Get the advice you need and the compensation you deserve. Lior Samfiru is an employment lawyer and co-founding partner at Samfiru Tumarkin LLP , Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. He provides legal insight on Canada’s only Employment Law Show on TV and radio.
