Calgary Wrongful Dismissal Lawyers
Wrongful Dismissal In Calgary
What is Wrongful Dismissal?
Have you recently been “laid off,” “packaged out,” or “let go” from your job? If your employer did not provide reasonable notice or adequate severance pay, you may have been wrongfully dismissed.
Wrongful dismissal occurs when an employee is terminated without proper notice or fair compensation in place of notice. In Alberta, employers cannot simply end an employment relationship without meeting their legal obligations.
At Evolution Legal, we regularly help Calgary employees understand their rights and pursue fair severance after termination.
Calgary Wrongful Dismissal Overview
Am I Experiencing Wrongful Dismissal?
Employers often use softer language such as “restructuring,” “layoff,” or “without-cause termination” to describe a dismissal. Regardless of the wording, you may still be entitled to significant severance compensation.
Under Alberta law, employees are protected by both:
- The Alberta Employment Standards Code; and
- Common law rights to reasonable notice or pay in lieu of notice.
In many cases, common law severance can be substantially greater than the minimum standards set out in legislation.
When determining reasonable notice, courts typically consider factors such as:
- Your age
- Your length of service
- The nature and seniority of your position
- The availability of similar employment opportunities
If your employer failed to properly consider these factors, you may have a wrongful dismissal claim.
Unless a valid employment agreement clearly limits your entitlements, employees are often entitled to both:
- Minimum statutory termination pay under the Alberta Employment Standards Code; and
- Additional common law reasonable notice or severance compensation.
Wrongful Dismissal and “Just Cause” Allegations
Some employers attempt to avoid paying severance by alleging “just cause” for termination.
In these situations, employers may claim misconduct, poor performance, or policy violations in an effort to deny severance obligations altogether. However, proving just cause is difficult, and many employers overestimate whether the alleged conduct legally justifies dismissal without compensation.
Absent serious misconduct, employers are often wrong to conclude that just cause exists.
If your employer has accused you of misconduct or refused severance based on a “for cause” termination, it is important to seek legal advice before accepting or otherwise acknowledging the employer’s position.
Our Commitment to You
Fair, Flat-Rate Legal Fees
At Evolution Legal, we believe employees should have access to practical and affordable legal representation.
We offer reasonable flat-rate fees whenever possible because we understand that losing a job creates financial uncertainty for you and your family.
Our goal is to help you protect your rights while minimizing additional stress during an already difficult time.
Trusted Calgary Employment Lawyers for Employees
You have legal rights when facing termination in Alberta. Employers cannot ignore employment laws or pressure you into accepting an unfair severance package.
Before signing any termination or severance agreement, speak with a Calgary employment lawyer to understand your options and protect your interests.
Evolution Legal works exclusively for employees. We are committed to helping you understand your workplace rights and pursue fair compensation after termination.
We are here to help. Take control of your situation with Evolution Legal.
FAQs
What is wrongful dismissal?
Wrongful dismissal occurs when an employer terminates an employee without providing proper notice, adequate severance pay, or lawful justification for dismissal.
What is the difference between termination and wrongful dismissal?
Usually, an employer can legally terminate an employee without cause if they provide proper notice or severance. A termination becomes wrongful dismissal when the employer fails to meet those legal obligations.
What does “without cause” termination mean?
A without-cause termination means the employer is ending the employment relationship for business or operational reasons, not because of serious misconduct by the employee.
Can my employer fire me without warning in Alberta?
Yes, employers can terminate employees without warning in many cases, but they must usually provide reasonable notice or severance pay unless they have just cause.
How much severance am I entitled to in Alberta?
Severance entitlements vary, are not the same for every employee, and depend on factors such as:
- Length of service
- Age
- Position and seniority
- Availability of similar employment
Many employees are entitled to significantly more than the minimum amounts under the Alberta Employment Standards Code.
What is common law reasonable notice in Alberta?
Common law reasonable notice is the amount of advance notice – or pay in lieu of notice (often called severance) – that an employee is entitled to when terminated without cause. It is often substantially more than the minimum standards under the Alberta Employment Standards Code.
Can I be wrongfully dismissed if I signed an employment contract?
Yes. Many employment agreements contain unenforceable termination clauses, or no termination clauses at all. Even if you signed a contract limiting your entitlements to the statutory minimums, you may still be entitled to common law severance.
What is just cause for termination in Alberta?
Just cause generally involves serious misconduct such as theft, fraud, dishonesty, violence, or severe insubordination. Poor performance alone is often not enough.
Can my employer refuse severance by claiming cause?
Employers may attempt to deny severance by alleging just cause, but many cause allegations do not hold up legally. You should speak with an employment lawyer before accepting or acknowledging a for-cause termination.
Should I sign my severance package right away?
Not usually. Severance offers are often negotiable, and signing too quickly may prevent you from pursuing additional compensation. You should speak with a Calgary employment lawyer before accepting any severance offer.
How long do I have to pursue a wrongful dismissal claim in Alberta?
In most cases, employees have up to two years from the date of dismissal to commence a legal claim, although acting promptly is strongly recommended.
Can I negotiate my severance package?
Yes. Many severance packages can be negotiated, especially where the initial offer is below common law entitlements.
What if my employer says I was “laid off”?
Temporary layoffs are heavily regulated in Alberta. In some situations, a layoff may amount to a termination or constructive dismissal that triggers severance obligations.
Am I entitled to bonuses or commissions during my notice period?
Possibly. Depending on your employment agreement, related policies and compensation structure, bonuses, commissions, benefits, and other compensation may form part of your severance entitlement.
What if my employer pressures me to resign?
Employees should be cautious about resigning under pressure. In some cases, forced resignations may amount to constructive dismissal.
What is constructive dismissal in Alberta?
Constructive dismissal occurs when an employer makes significant changes to your job, compensation, duties, or workplace conditions without your consent, effectively forcing you out of employment. A constructive dismissal may trigger severance obligations.
Why should I speak with a Calgary employment lawyer before accepting severance?
A Calgary employment lawyer can assess whether:
- Your severance offer is fair
- Your contract is enforceable
- The employer has valid cause
- Additional compensation may be available
Speaking with a Calgary employment lawyer before signing can help protect your rights and maximize your entitlement.
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