Wrongful dismissal in Alberta happens when your employer ends your employment without providing the notice or compensation you are legally owed.
You do not have to prove discrimination or show that your employer lacked a business reason for letting you go. You can have a claim because your severance falls short—even if your employer has already paid you something.
Samfiru Tumarkin LLP helps non-unionized Alberta employees challenge inadequate severance offers, disputed allegations of misconduct and other dismissal-related problems. We can review your package, explain what you are owed and deal with your former employer on your behalf.
Find Out If You’re Owed More →
On This Page:
- 1. What Qualifies?
- 2. Payouts & Compensation
- 3. Alberta Client Results
- 4. How to Bring a Claim
- 5. Suing Your Employer
- 6. Filing Deadlines
- 7. Frequently Asked Questions
- 8. Get Legal Advice
What Is Considered Wrongful Dismissal in Alberta?
Wrongful dismissal is generally about whether your employer met its notice and compensation obligations—not simply whether being fired felt unfair.
The following situations can give rise to a claim:
You were fired without enough notice or severance
Your employer may be allowed to end your employment without cause, but it must still meet its legal obligations. A restructuring, position elimination or change in management does not, by itself, cancel your right to proper notice or compensation.
If your employer provided less than your contract or the law requires, you may have a wrongful dismissal claim. Learn more about termination without cause in Alberta.
Your employer alleged “just cause” and withheld severance
An employer can’t avoid paying severance simply by describing your dismissal as “for cause.” It must be able to establish grounds serious enough to justify ending your employment without notice or pay.
Poor performance, a disagreement or an isolated mistake does not automatically meet that standard. The conduct, surrounding circumstances and employment history matter. Read more about termination for cause in Alberta.
Your employer effectively dismissed you through major job changes
A substantial, unauthorized pay cut, demotion or other fundamental change to your employment can amount to constructive dismissal. Serious workplace mistreatment can also raise this issue.
If constructive dismissal is established, you may be able to pursue compensation through a wrongful dismissal claim. Read our Constructive Dismissal Alberta guide before resigning or accepting changed terms.
Your dismissal also involved discrimination or retaliation
Being dismissed because of a disability, pregnancy or another protected characteristic can raise additional legal claims. So can retaliation for exercising certain workplace rights.
Paying severance does not automatically make a discriminatory or retaliatory dismissal lawful. Tell our team about the circumstances of the firing, not just the amount offered.
Wrongful Dismissal Payouts in Alberta
Wrongful dismissal payouts in Alberta generally compensate employees for the notice and employment income they should have received when their employment ended.
Your entitlement is not necessarily limited to Alberta’s employment standards minimums. Where common-law reasonable notice applies, compensation can reach 24 months’ pay.
The amount depends on your employment contract, circumstances and compensation. Payments already received and income from new work can also affect what remains owing.
How is a wrongful dismissal payout calculated?
First, your employment contract must be reviewed. An enforceable termination clause can limit your entitlement, while an invalid clause may leave you entitled to common-law reasonable notice.
Where common-law notice applies, important factors include:
- Your age: Including how it affects your prospects of finding comparable work.
- Your length of service: How long you worked for the employer.
- Your position: The nature of your role, responsibilities and experience.
- The availability of similar employment: The realistic opportunities to find suitable replacement work.
These factors help determine the notice period. Your compensation then helps determine its dollar value. Learn more about common-law severance in Alberta.
Does the eight-week termination-pay maximum limit your payout?
No—not where you have greater contractual or common-law rights. Alberta’s individual minimum termination-notice schedule reaches eight weeks for employees with at least 10 years of service, subject to the applicable rules and exceptions.
That minimum schedule does not cap every employee’s full entitlement. However, receiving only the minimum is not automatically unlawful if an enforceable contract properly limits your rights.
Our Alberta severance pay guide explains the distinction. You can also use our Severance Pay Calculator for an initial estimate.
Can your payout include more than salary?
Yes. A package based only on base salary may leave out compensation you are owed.
Depending on your employment terms, compensation can include benefits, commissions, bonuses, pension or RRSP contributions and other incentives you would have received during the applicable notice period.
The wording of your contract and benefit or incentive plans matters. Calling a payment “discretionary” or requiring “active employment” does not automatically resolve whether it must be included.
What is the average wrongful dismissal payout in Alberta?
A general average is not a reliable way to value your claim. Your contract, compensation and employment circumstances may be very different from those of another employee.
The useful comparison is between your employer’s offer and your own legal entitlement—not a settlement figure from an unrelated case.
Can you receive additional damages?
Additional compensation may be available where the facts support claims involving discrimination or bad-faith conduct in the manner of dismissal. These claims require their own legal basis and supporting evidence.
Extra damages are not automatically awarded because an employer offered too little severance or because losing a job was upsetting.
Does finding another job reduce your payout?
It can affect common-law damages. Employees generally need to make reasonable efforts to find comparable work, and replacement earnings during the notice period can reduce the amount recoverable.
Keep records of applications, interviews and offers. Do not avoid looking for work to preserve a claim. Learn more about your duty to mitigate after dismissal.
Alberta Wrongful Dismissal Cases and Settlements
Our team has helped Alberta employees recover compensation through both court proceedings and negotiated settlements.
$58,445.20 after an employer denied severance
In Hiebert v. Zimco Instrumentation Inc., Samfiru Tumarkin LLP represented an Alberta product specialist who was fired after more than 11 years of service. His employer alleged poor performance and misconduct and also sought money from him for business losses.
The Alberta Court of Justice rejected the employer’s grounds for withholding severance and dismissed its claim against him. The employee received $58,445.20, based on 10 months of salary and benefits after deducting earnings from new work, plus interest.
Read how we secured this Alberta court win →
Full severance for a hotel manager—without going to court
An Alberta hotel general manager was fired without cause and offered only minimum termination entitlements. During our review, we identified an unenforceable termination clause in her employment contract.
After learning that our firm had been hired, the employer changed its position and alleged just cause. We challenged its position and secured the severance our client was legally entitled to through negotiations outside the courtroom.
Read how we resolved her wrongful dismissal →
How to Bring a Wrongful Dismissal Claim in Alberta
Start by having your dismissal and compensation reviewed—not by assuming you need to file a lawsuit immediately.
1. Have your documents and entitlement assessed
Your termination letter, severance offer, employment agreement and recent pay information are useful starting points. Relevant bonus plans, performance reviews and communications about the dismissal can also matter.
We assess whether your employer met its obligations, whether a termination clause is enforceable and whether the reason for the dismissal raises additional issues. You do not need every document before contacting us.
2. Pursue a negotiated resolution
Once retained, our lawyers can communicate directly with your employer or its lawyer, explain the basis of your claim and pursue the missing compensation.
A settlement can address payment amounts and timing, benefits, bonuses, references and other terms. You will usually be asked to sign a release, so the wording matters as well as the money.
Read more about wrongful dismissal settlements and what to review before signing.
3. Take further legal action when necessary
If the dispute can’t be resolved, a civil claim may be appropriate. We can explain the available route, prepare the claim and represent you through the next steps.
Filing a claim does not prevent further negotiations. These disputes almost always settle before trial.
Suing for Wrongful Dismissal in Alberta
The appropriate court depends on the amount claimed and the remedies you are seeking.
- Alberta Court of Justice: Its Civil Division can hear wrongful dismissal claims within its jurisdiction for up to $100,000.
- Alberta Court of King’s Bench: Can hear claims exceeding that limit and other claims within its jurisdiction. It is not restricted to executives or employees with long service.
Court of Justice proceedings begin with a Civil Claim. A wrongful dismissal lawsuit in the Court of King’s Bench generally begins with a Statement of Claim. The employer must be properly identified and the documents served according to the applicable rules.
Before proceeding, we can explain the likely steps, legal costs and practical considerations. The objective is to pursue an appropriate resolution—not to send every dismissal dispute to trial.
How Long Do You Have to Claim Wrongful Dismissal in Alberta?
A civil wrongful dismissal claim is generally subject to a two-year limitation period. The date that period begins and any exceptions must be assessed against the facts of your case.
Other workplace claims can have shorter deadlines:
- Alberta Employment Standards complaints: Generally while you are employed or within six months after your last day of employment.
- Alberta human rights complaints: Generally within one year of the discriminatory incident.
- Federal unjust dismissal complaints: Eligible employees generally have 90 days from dismissal to complain to the federal Labour Program.
Different processes address different rights. Have your options reviewed before choosing a route, especially where discrimination, protected leave or a federally regulated employer is involved.
Wrongful Dismissal Alberta FAQs
Is being fired without cause the same as wrongful dismissal?
No. An employer can often terminate employment without cause if it provides proper notice or compensation and does not breach other legal protections. Wrongful dismissal arises when the employer fails to meet its notice or compensation obligations.
Can I have a claim if I already received severance?
Potentially. Receiving a payment does not necessarily mean you received everything you were owed. The amount, your contract and whether you accepted a settlement or signed a release all matter.
What if I already signed a release?
A valid release can prevent you from pursuing additional compensation. There are limited circumstances in which an agreement may be challenged, but you should not assume it can be undone.
Have the document and the circumstances in which you signed it reviewed before deciding that you have no options—or that the release can simply be ignored.
Should I contact Alberta Employment Standards or a lawyer?
Alberta Employment Standards addresses minimum rights under the Employment Standards Code. A claim for greater contractual or common-law notice compensation requires a different assessment.
Do not assume an employment standards complaint will recover your full severance entitlement. We can explain the difference and help you assess the appropriate route. Learn more about Alberta employment standards.
What if I work for a federally regulated employer?
Different employment standards and dismissal protections can apply. Eligible non-unionized employees may be able to pursue an unjust dismissal complaint, which can involve remedies beyond ordinary severance, including reinstatement.
Eligibility rules and exclusions apply. Read our guide to unjust dismissal under the Canada Labour Code and get advice promptly about the 90-day complaint deadline.
How much does a wrongful dismissal lawyer cost?
Fees depend on your matter and the work required. Appropriate employment claims may qualify for a contingency arrangement. We explain the available options, applicable fees and expenses before you agree to representation.
Read more about our fees.
Get Help With Wrongful Dismissal in Alberta
You have lost your job. You should not have to guess whether your employer has paid you properly.
Samfiru Tumarkin LLP can review your dismissal, identify missing compensation and pursue the severance you are legally owed. We can handle discussions with your former employer and explain the next step in plain language.
For local representation, speak with our wrongful dismissal lawyers in Calgary or our Edmonton employment lawyers.
Before you sign, always check first.