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 and other remedies.
• 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 and other remedies. 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 the WCB (WorksafeBC). The WCB 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 12 months or more, you can ask an adjudicator to order that you be reinstated, along with lost pay and other remedies.

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 reasonable notice before your employment ends, or pay for the period of reasonable 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 week's notice (or equivalent pay) after three consecutive months of employment.
• Two weeks' notice (or equivalent pay) after 12 consecutive months of employment.
• Three weeks' notice (or equivalent pay) after three 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 weeks' notice (or equivalent pay).

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

First steps

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

1. Follow the steps outlined above 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 90 days of the dismissal, so 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.

If you belong to a union, 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 12 or more months, you can apply for an order that you be given your job back, along with all the pay you would have earned had you not been dismissed. 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, Salvation Army Pro Bono Lawyer Consultation Program, and Private Bar Lawyers.
• The Law Students' Legal Advice Program Manual chapter on "Employment Law" for useful information on unjust dismissal.

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.

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In law, a legal incapacity to do certain things, like enter into a contract or start a court proceeding. Legal disabilities include insanity and being under the age of majority. See "age of majority."

In law, (1) a written argument, or (2) a memorandum of law. A brief is usually presented to a judge as a summary of an argument or the law on a particular issue. Curiously, briefs are rarely brief.

In law, an order of a court cancelling or changing an earlier order of the court. See "order."

(1) Intentionally doing a thing, or (2) a law passed by a government, also called "legislation" or a "statute." See "regulations."

In law, (2) a lawsuit, an action, or a cause of action, or (2) the wrongful act of another which gives rise to a claim for relief. See "action" and "cause of action."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

(1) A lawyer or a person other than a lawyer who helps clients with legal issues, or (2) to argue a position on behalf of someone.

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."