Have you ever been unexpectedly let go from a job and wondered whether it was fair or legal?
In British Columbia, such situations may qualify as wrongful dismissal, which occurs when an employee is terminated without proper notice, appropriate compensation, or legal justification. Knowing your rights — whether you’re an employee facing a sudden termination or an employer navigating the legal obligations of letting someone go — is essential to handling these situations effectively and protecting your interests.
At Sorensen Truong LLP, our team provides trusted legal guidance across BC, helping both employees and employers resolve wrongful dismissal claims with clarity, fairness, and professionalism. We ensure that your rights are protected while guiding you toward practical and legally sound solutions.
What Is Wrongful Dismissal?
Wrongful dismissal occurs when an employer terminates an employee in a way that violates employment laws or the terms of the employment contract. Common examples include:
- Termination without proper notice or pay instead of notice
- Dismissing an employee for reasons that are discriminatory or unlawful
- Breach of the employment contract or company policies
- Constructive dismissal, where working conditions are made intolerable, forcing the employee to resign
In BC, employment standards are governed by the Employment Standards Act, which outlines minimum notice periods, severance requirements, and employee rights. Beyond statutory requirements, common law also protects employees by often granting longer notice periods or compensation based on factors such as tenure, position, and age.
Employee Rights in BC
Employees who believe they have been wrongfully dismissed have several options:
- Seek Legal Advice: Consulting an experienced employment lawyer in BC, like Sorensen Truong LLP, is the first step. They can review your employment contract, assess your situation, and advise on potential compensation.
- Negotiation and Settlement: Many wrongful dismissal cases are resolved through negotiation or settlement, avoiding lengthy court proceedings.
- Filing a Claim: Employees can file a claim with the Employment Standards Branch or pursue a civil lawsuit for damages under common law.
Key factors that affect compensation include length of employment, age, position, and availability of similar employment.
Employer Responsibilities
Employers in BC must follow the law and treat employees fairly to avoid wrongful dismissal claims. Key responsibilities include:
- Providing proper notice or pay instead of notice according to the Employment Standards Act or common law requirements
- Avoiding discriminatory or retaliatory actions when terminating employment
- Documenting performance issues, disciplinary actions, or misconduct carefully
- Considering alternative solutions before termination, such as reassignment or additional training
Working with a BC employment lawyer like Sorensen Truong LLP helps employers ensure compliance with legal obligations and reduce the risk of costly litigation.
Constructive Dismissal
Constructive dismissal happens when an employer significantly changes an employee’s job conditions — such as pay cuts, demotion, or relocation — in a way that leaves the employee with no choice but to resign. In such cases, the law may treat this resignation as a wrongful dismissal, entitling the employee to compensation.
Both employees and employers benefit from early legal consultation in these situations to prevent misunderstandings and mitigate risks.
Resolving Wrongful Dismissal Claims in British Columbia
When you are faced with a wrongful dismissal in BC, there are several ways to resolve the issue, depending on the circumstances and the willingness of both parties to cooperate. Understanding your options and having experienced legal guidance can make the process smoother and more effective.
1.Negotiation
Negotiation involves direct discussions between the employer and the employee to reach a fair and mutually acceptable settlement. This is often the fastest and most cost-effective way to resolve wrongful dismissal claims in cities like Vancouver, Surrey, Langley, Abbotsford, and the Fraser Valley. An employment lawyer from Sorensen Truong LLP can help structure offers, clarify rights under BC employment law, and ensure your position is legally sound.
2.Mediation
Mediation brings in a neutral third-party mediator to assist both sides in reaching an agreement. This voluntary and confidential process allows for creative and flexible solutions that may not be available in court. Mediation is widely used in BC workplaces to resolve disputes efficiently while preserving professional relationships. Sorensen Truong LLP can prepare your case, represent your interests, and guide you through each step of mediation.
3.Arbitration or Litigation
If negotiation or mediation fails, the dispute may proceed to binding arbitration or formal litigation in a British Columbia court. Arbitration is a private alternative to court, often faster and more flexible, while litigation follows formal procedures, including filing a lawsuit, discovery, and trial. Having a skilled BC employment lawyer from Sorensen Truong LLP ensures that your case is handled strategically, whether you are pursuing compensation as an employee or defending a claim as an employer.
By working with Sorensen Truong LLP, businesses and employees across BC — including Vancouver, Surrey, Langley, Abbotsford, Chilliwack, and the Fraser Valley — gain expert guidance at every stage of the wrongful dismissal process. Their team helps clients understand their rights, legal obligations, and potential outcomes, ensuring disputes are resolved efficiently and fairly.
Why Legal Guidance Matters
Wrongful dismissal cases can be complex, involving statutory law, common law principles, and individual contract terms. Whether you are an employee seeking fair compensation or an employer aiming to comply with BC employment laws, professional legal advice is essential.
By consulting Sorensen Truong LLP, you gain access to experienced lawyers who specialize in employment law across British Columbia, including Vancouver, Surrey, Langley, Abbotsford, and the Fraser Valley. Their team helps clients protect their rights, minimize risk, and resolve disputes efficiently.
In Conclusion
Wrongful dismissal can be emotionally and financially challenging, but understanding your rights and responsibilities is the first step toward resolution. Employees should know their options for compensation, while employers must ensure fair and lawful termination practices.
For trusted legal guidance on wrongful dismissal in BC, reach out to Sorensen Truong LLP. Their experienced team is ready to help employees and employers navigate disputes with clarity, fairness, and confidence.
