WHEN IS PAY NOT REQUIRED WITH TERMINATION WITHOUT CAUSE?
Pay is not required with termination without cause when reasonable notice is provided.
The statutory requirements for notice are as follows:
After three consecutive months of employment: one week’s pay must be provided
After 12 consecutive months of employment: two weeks’ pay must be provided
After 36 consecutive months of employment: three weeks’ pay must be provided
For each additional year: a week’s pay (up to a maximum of eight weeks) must be provided
According to common law, reasonable notice is based on the following:
Length of service
Age of employee
Type of position (salary, supervisory responsibilities, etc.)
Availability of similar employment at the time of termination
Under these guidelines, the reasonable notice might amount to at least one month per year of service but it may also be specified in the original employment contract you signed when you joined the company.
Your contract may require less notice of termination than common law requirements – but not less than the entitlements listed under the BC Employment Standards Act.
Providing these requirements are met, no payment is necessary in termination without cause cases.
Neither pay nor notice is required if you are terminated without cause in the following circumstances:
You have worked for less than three consecutive months
You worked on-call, were hired temporarily, or hired to perform specific work in 12 months or less
You quit or retire
Your employment contract ended
An unforeseeable event makes it impossible for the planned work to be performed (this does not include bankruptcy, receivership, or insolvency)
You refuse to accept reasonable alternative employment
You are terminated for just cause (e.g., breach of contract)