After-acquired cause in B.C.

In British Columbia, it’s possible for employers to initially fire non-unionized workers without cause and allege cause at a later date. This is known as “after-acquired cause.”

However, turning a without-cause dismissal into a termination for cause is no simple feat.

In order to do so, companies in the province must prove:

1. They learned of misconduct after the employee’s dismissal that would’ve justified firing the individual for cause
2. They didn’t have any knowledge of the misconduct at the time of the worker’s termination
3. They didn’t condone the misconduct before the employee was fired without cause

It’s important to note that the courts in B.C. aren’t looking to turn businesses into “employment archaeologists” when faced with a wrongful dismissal claim.

If an employer knew or should’ve known about the “misconduct” they claimed as just cause, or it warrants a warning instead of termination, the courts regularly award an employee their full severance entitlements.

When it comes to matters involving after-acquired cause, your best course of action is to contact an experienced B.C. employment lawyer at Samfiru Tumarkin LLP.

We can determine if it’s applicable in your situation and help you secure the compensation you deserve if it isn’t.

LEARN MORE
• How to calculate severance pay in B.C.
• Employment Law Show: What your employer legally can’t do
• Should I negotiate my own severance package in B.C.?

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