The same recently terminated employee sits at home speaking on the phone while reviewing the Achkar Law website on their laptop, seeking legal advice to maximize their severance.
16Oct

Termination Without Cause (BC) Explained

In British Columbia, both employers and employees need a clear understanding of termination without cause. Whether you are an employer planning a dismissal or an employee facing one, this article explains your rights and obligations under BC law, including statutory and common law notice, human rights protections, and WorkSafeBC rules.

  • Key question: Can you be fired without cause in BC?

Yes. An employer can terminate an employee without cause, but must provide notice or pay in lieu, and cannot terminate for discriminatory or retaliatory reasons.

📍 Not in BC?

If you’re an employee or employer in Ontario, the law works differently.  See our Ontario-specific article about termination without cause.

What Does Termination Without Cause Mean?

A termination without cause (also called dismissal without cause, firing without cause, or without cause termination ) occurs when an employer ends an employment relationship for reasons other than employee misconduct or poor performance.

Even if there is no wrongdoing, the employer must compensate the employee under:

Legal Framework: BC Statutes and Common Law

The ESA sets minimum notice or pay in lieu

Length of Service ESA Minimum Notice
3 months – 1 year 1 week
1 – 3 years 2 weeks
3 – 4 years 3 weeks
4 – 5 years 4 weeks
5 – 6 years 5 weeks
6 – 7 years 6 weeks
7 – 8 years 7 weeks
8+ years 8 weeks

💡Tip for employers:

Always provide ESA minimums, even if you plan to offer more under common law

Christopher Achkar - Employment Lawyer

As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:

Many B.C. employees mistakenly accept ESA minimums, unaware they could be owed months of additional pay under common law. Employers also face significant risks if they underestimate notice obligations.” 

Common Law / Wrongful Dismissal

Common law may entitle an employee to longer notice or pay in lieu based on factors such as:

  • Employee age
  • Length of service
  • Position and seniority
  • Availability of comparable work

Leading BC cases:

Comparison Table: ESA vs. Common Law Notice  

Factor ESA
Minimum		 Common Law
Estimate
Short-term employee (<1 year) 1 week 1–2 weeks
Long-term employee (>10 years) 8 weeks 12–24 months
Executive or senior management 8 weeks 18–24 months or more

⚠️ Important:

ESA sets the floor; common law often sets the ceiling.

Human Rights Code

Employers cannot terminate employees for prohibited grounds such as:

  • Age
  • Sex or gender identity
  • Disability or medical leave
  • Family status

Example: Firing an employee because they took parental leave may lead to a human rights claim.

WorkSafeBC / Workers Compensation Act

BC law prohibits reprisals against employees who file workplace injury claims.

WorkSafeBC Policy Reference: HR-134: Reprisals – employers cannot terminate, discipline, or discriminate against an employee for exercising rights under the Workers Compensation Act.

💡Quick Tips for employees:

  • You can be fired without cause in BC, but your employer must provide statutory or common law notice.
  • Check your ESA minimum and potential common law entitlement.
  • Keep employment records and communications.
  • Consult a BC employment lawyer to review your severance package and options.  

Employer Best Practices for Terminating Without Cause

1. Provide Proper Notice or Pay in Lieu

  • Calculate ESA minimums and assess common law entitlements.

2. Document Reasons and Process

  • Even without cause, keep clear records of performance, meetings, and rationale for termination.

3. Avoid Discrimination or Retaliation

  • Ensure termination is not based on age, medical leave, family status, or WorkSafeBC claims.

4. Use a Clear Termination Letter

  • Include termination date, notice or pay in lieu, benefits, and reference to ESA/common law entitlements.

5. Consider Outplacement or Transition Support

  • Helps mitigate claims and maintain workplace reputation.

6. Seek Legal Advice Early

  • An employment lawyer can review your plan and minimize legal risk.

How Our BC Employment Lawyer Can Help

Our lawyers can assist both employers and employees by:

  • Reviewing termination letters and severance calculations
  • Advising on ESA vs. common law notice
  • Mitigating risk of wrongful dismissal, human rights, or WorkSafeBC claims
  • Negotiating severance or settlement packages

Early legal advice is critical. Proper planning and documentation can prevent costly disputes.

The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©