Wrongful Dismissal in Alberta

What Is a Wrongful Dismissal in Alberta?

In Alberta, a wrongful dismissal occurs when an employer terminates a non-unionized worker without providing the proper amount of severance pay.

A proper severance package often exceeds the minimum amount guaranteed by the province’s Employment Standards Code (ESC). Compensation for full-time, part-time, and hourly workers can be as much as 24 months’ pay.

It’s important to note that wrongful dismissal doesn’t mean you were fired for an illegal or “wrong” reason. Employers in Alberta can fire staff for almost any reason through a termination without cause.

If you believe that you have been wrongfully dismissed, contact an experienced employment lawyer at Samfiru Tumarkin LLP. We can help you understand your rights and options.

Watch the video below from the Employment Law Show and read on to learn more about wrongful dismissal.

LEARN MORE

What kinds of wrongful dismissal are there?

There are three types of wrongful dismissal claims:

• When an employer dismisses an employee without cause and does not provide the proper amount of severance.
• When an employer inappropriately fires an employee for cause and provides no compensation
• When an employer makes a significant change to an employee’s job without the employee’s consent, effectively terminating them, or “constructively” dismissing the employee without providing compensation.

Back To Top

Have I been wrongfully dismissed?

If you lost your job in Alberta and you were not provided the proper amount of severance pay, you have been wrongfully dismissed. In our experience, over 90 percent of employees who are let go have been wrongfully dismissed. If you’d like to know for certain, speak to an employment lawyer at Samfiru Tumarkin LLP. A member of our team will review the facts of your situation and the amount of severance pay you were offered and quickly determine how much severance pay you are owed. Once you’ve hired us to fight for your rights, we will ensure you get the maximum amount of severance pay to support yourself between jobs.

You can also check out the Pocket Employment Lawyer – an interactive tool designed to help Canadians understand their employment rights and how to protect themselves in work-related situations. You can also use the Severance Pay Calculator to help you determine approximately how much severance pay you may owed when you’re let go.

Back To Top

Calculating severance in a wrongful dismissal

When an employment relationship is ended in Alberta, employers are obligated to provide notice, severance pa, or a combination of both to an employee who is let go. Legally it is referred to as reasonable notice, and severance is referred to as pay in lieu of notice. A severance package is meant to provide financial support while an employee tries to secure new employment.

Severance is calculated by considering a number of factors, including and employee’s:

• salary;
• age;
• length of service;
• ability to find new work
• benefits;
• bonus; and
• other payments earned while employed.

The amount of compensation in a severance package takes into consideration both Alberta’s minimum entitlements under the Employment Standards Code (ESC), and an employee’s maximum entitlements under common law. A severance package can be as much as 24 months’ pay.

An employment lawyer at Samfiru Tumarkin LLP can review the facts of your situation and determine your maximum severance entitlements.

The Severance Pay Calculator can also be used to determine the approximate amount of severance pay owed to a worker in Alberta.

Back To Top

What should I do if I’ve been wrongfully dismissed in Alberta?

If you’ve been fired or let go, and you think you’ve been wrongfully dismissed, there are some important things you can do to protect your employment rights:

• DO NOT sign a severance package or termination papers. If you do so, you could be signing away your right to pursue further compensation or file a claim for wrongful dismissal.
• Document the situation: make note of how you were let go, what was said in the termination meeting, and any other details you can recall. This will provide an amount of protection and help us build your case later.
• Collect all documentation related to your employment with this particular employer: your employment contract, performance reviews, pay stubs, correspondence related to your firing, benefits packages, and any termination papers you are given.
• Contact an employment lawyer at Samfiru Tumarkin LLP and get advice about your rights and what you can do to enhance the compensation provided by your employer.

Back To Top

How can I file a claim or sue for wrongful dismissal in Alberta?

If you want to file a claim, or ‘sue’, your employer for wrongful dismissal, you need to reach out to an Alberta employment lawyer at Samfiru Tumarkin LLP. An employment lawyer can file a claim on your behalf. Our team will seek the compensation that you are owed as part of the appropriate amount of severance that was withheld from you.

In most cases, when a wrongful dismissal claim is filed it can be resolved quickly and in a matter of months. Your lawyer will negotiate with your employer for a settlement amount that benefits the wrongfully dismissed employee.

The employment lawyers at our firm have handled thousands of wrongful dismissal claims. We have the experience to resolve the matter quickly and secure maximum compensation.

Back To Top

Wrongful Dismissal Lawyers in Alberta

An Alberta wrongful dismissal lawyer at Samfiru Tumarkin LLP can fight for your rights when you have been let go. You can easily consult with a member of our team to discuss the facts of your employment, why you were dismissed, and review your employment contract. We will tell you if you have a case, the amount you’re entitled to, and the steps our Calgary wrongful dismissal lawyers will take to get you the compensation you’re owed.

The success of our firm is demonstrated by the thousands of positive online reviews we have received – more than any other employment law firm in Canada.

Contact our team today to get the advice you need, and the compensation you deserve.

Back To Top

How does an employment contract impact my severance?

Some employers try to use employment contracts to limit the amount of severance pay they have to pay employees. They do this by using a termination clause. The clause is meant to restrict your severance entitlements to the minimum amounts as required by provincial legislation, which in some cases can be only a few weeks’ pay. Common law severance actually entitles employees to much more, from a few weeks, up to 24 months’ pay.

Never sign an employment contract before having it reviewed by an Alberta employment lawyer at Samfiru Tumarkin LLP, whether it’s when starting a new job, or mid-employment. Employers can ask current employees to sign new employment contracts throughout their employment, in an attempt to introduce a termination clause, and then terminate the employee once the new contract is signed.

If you’ve already signed an employment contract, rest assured that some termination clauses are poorly written and may not be enforceable. An experienced employment lawyer at Samfiru Tumarkin LLP can let review your employment contract and let you know if you could still be entitled to a full severance package.

Back To Top

Is there a time limit to claim wrongful dismissal?

In Alberta, you have up to two years to file a wrongful dismissal claim through an employment lawyer. After two years, your legal options to obtain compensation expire.

If you’re unsure as to whether you still have time to take legal action, speak to an employment lawyer. Depending on how you were let go, the date of termination may be difficult to establish. Always consult a member of our team before assuming your rights have expired.

Back To Top

Comprehensive services for Alberta employees

Our employment lawyers have successfully represented thousands of non-unionized individuals in various regions across Alberta, B.C. and Ontario.

In addition to severance package negotiations, we can assist you on a broad range of employment matters in Alberta, including:

For a comprehensive overview of employment, disability, and personal injury law, explore our Law Essentials page.

If you are a non-unionized employee who needs help with a workplace issue, contact us or call 1-855-821-5900 to get the advice you need and the compensation you deserve.