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The Qase Solution

Dismissal from a job is extremely stressful for both the employer and employee. An employer cannot dismiss an employee without just cause or reasonable notice, must not force an employee to take a demotion without proper notice or cause, and must not act in bad faith when dismissing an employee. An employee must attend work, perform work competently, carry out the employer's legal orders, serve the employer honestly, and not create a conflict of interest. A knowledgeable BC wrongful dismissal lawyer can help guide you through the dismissal process and provide you with reliable advice that is relevant to your specific circumstances. You can book a free 15-minute meeting with a BC wrongful dismissal lawyer practicing on Qase now to discuss your options.

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Frequently Asked Questions

If an employer can avoid notice of termination with just cause, what is just cause?

Just cause can include:

  • Theft or other material dishonesty,
  • Creating a conflict of interest,
  • Use of drugs or alcohol in a way that interferes with work, or
  • Intentional insubordination (including intentionally disobeying your boss or repeatedly breaking a clear rule or instructions).

Without just cause, what is the minimum notice that an employer must give to an employee of termination?

In British Columbia, the notice must be reasonable. The minimum notice period (or payment instead) usually depends on length of time in the job.

  • Less than three months in a row, employer does not need to give notice.
  • After working three months in a row, employer must give at least one week’s notice (or payment in lieu).
  • After working 12 months in a row, employer must give at least 2 weeks’ notice or pay.
  • After working three years in a row, employer must give at least 3 weeks’ notice or pay.
  • More than three years in a row, employer must give three weeks’ notice or pay plus a week for each additional year of service up to 8 weeks.

When is notice or pay not required?

Notice of termination or pay in lieu is not required when:

  • Employee quits or retires
  • The job is on-call, temporary work
  • The job was for an agreed-upon length
  • The job is for specific work to be completed in 12 months or less
  • It is impossible for the employee to perform the work because of some unforeseen event
  • It relates to a construction worker on a construction site where employer’s principal business is construction
  • Employee refuses to take another, similar job
  • Employee is a teacher employed by a board of school trustees

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