Quote:
Originally Posted by misteranswer There is no law requiring severance pay of any sort. |
http://www.cwilson.com/cgi/employmen...wer=1173295802
Q: Is an employer required to give severance pay to an employee they terminated?
A: If you terminate an employee without cause, you are required to give them working notice or severance pay instead of notice. At a minimum, the amount of notice or severance pay will be determined by the terms of the employment contract or, if there is no written employment contract, by statute.
In some circumstances, you may however be required to give an employee a longer notice period or a higher severance payment at common law. If you are unable to negotiate a reasonable severance payment with your employee, the amount of notice or severance could be determined through a wrongful dismissal action brought by your employee in court.
If you terminate an employee for cause, and have a basis for justifying the cause alleged, you are not required to provide any notice or severance pay.
http://www.cba.org/bc/public_media/employment/280.aspx
If you were fired without just cause, the Act says you get written notice or compensation for length of service
How much written notice or compensation?
The Act sets the following minimum amounts for written notice of termination and compensation. If you have been employed less than 3 months in a row, no notice or pay is required. But if you have been employed for at least:
3 months in a row, you get at least 1 week’s notice or pay
12 months in a row, you get at least 2 weeks’ notice or pay
3 years in a row, you get an additional week’s notice or pay for each additional year of service, to a maximum of 8 weeks
An employer can give you notice or pay, or a combination of the two, as long as you get the proper amount in total. The pay is based on your average weekly wages during your last eight weeks of normal work. You get the pay even if you find other work during the notice period. And you don’t have to work these periods – you just have to be on payroll, or be employed. For example, if you work a week and then get injured and are off for 3 months, you are still entitled to notice or pay.