Can employers in Alberta allege cause after firing staff?

After-acquired cause in Alberta

If a non-unionized worker in Alberta is initially fired without cause, there are some situations where their employer can “change their mind” and allege cause after the termination. This is known as “after-acquired cause.”

However, it’s quite difficult to turn a without-cause dismissal into a termination for cause.

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

1. They learned of misconduct after the employee’s dismissal that would have 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

Considered the “capital punishment” of employment law, a termination for cause is reserved for the worst kinds of workplace offences, such as serious insubordination, theft, or assault.

In this situation, your boss doesn’t have to provide you with a severance package and you can’t access Employment Insurance (EI) benefits.

If you were initially fired without cause, and the company is now alleging cause after your termination, contact an experienced Alberta employment lawyer at Samfiru Tumarkin LLP.

We can determine if after-acquired cause is applicable in your situation and help you secure the compensation you deserve if it isn’t.

LEARN MORE
• How to calculate severance pay in Alberta
• Wrongful dismissal in Alberta: Your rights
• Employment Law Show: What your employer legally can’t do
• Should I negotiate my own severance package in Alberta?

WATCH: Employment lawyer Lior Samfiru explains what rights employees have if they are being fired or let go on an episode of the Employment Law Show.

Ayalew v. The Council for the Advancement of African Canadians in Alberta

In Ayalew v. The Council for the Advancement of African Canadians in Alberta (Africa Centre), Tesfaye Ayalew filed a wrongful dismissal claim after he was fired without cause.

His employer responded to the legal action by launching a counterclaim — alleging that it had grounds to terminate him for cause.

After reviewing the evidence, the Court of King’s Bench of Alberta (ABKB) ruled that the Africa Centre didn’t successfully argue why it should be able to change Ayalew’s termination without cause into a “for cause” dismissal.

The ABKB concluded that the Africa Centre didn’t make a “mistake” or discover “new information” after his dismissal that would have justified a termination without cause.

The court also confirmed that employers in the province don’t have a “freestanding right” to recharacterize dismissals as “for cause” at a later date.

As a result, Ayalew was awarded 14 months of severance pay.

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Do I get more severance if my boss doesn’t have a legitimate reason for alleging cause?

If your employer doesn’t have a legitimate reason for alleging cause after firing you, there is a very good chance that you could be entitled to additional compensation.

It’s not uncommon for companies to allege cause at a later date to punish non-unionized employees in Alberta for asserting their workplace rights or to get out of providing them with their severance entitlements.

If you believe that your boss is pursuing after-acquired cause in bad faith, contact Samfiru Tumarkin LLP immediately.

We can review your situation, assess your legal options, and help you secure the compensation you are owed.

SEE ALSO
• Do I have to look for a new job after getting fired?
• Can I get my job back if I am fired?
• Do I get severance if I quit?

My boss is pressuring me to sign my severance offer immediately, what should I do?

Employers in Alberta can’t legally force non-unionized workers to accept a severance offer before leaving a termination meeting or even a few days after receiving it.

If your boss provides you with an offer, don’t sign anything before speaking with our firm.

It’s not uncommon for companies to add:

• A termination clause that limits the amount of severance pay you can receive
• Non-compete clauses that prevent you from being able to pursue employment elsewhere in your industry

In many cases, severance offers are accompanied by a document that releases the employer from further liability.

One of the worst things you can do in this situation is accept the agreement without consulting an employment lawyer.

Not only could you forfeit your right to pursue proper severance, but also your ability to make a complaint to a variety of organizations, including the province’s Employment Standards branch and the Alberta Human Rights Commission.

As long as you didn’t accept the severance offer and return it to your employer, you have two years from the date of your dismissal to pursue full severance pay.

SEE ALSO
• I already accepted a severance package, what should I do?
• ’60 days or more’: Is it an enforceable termination clause?
• Employment Law Show: 5 facts about employment contracts

Workplace issue? Contact us

Since 2007, the experienced employment law team at Samfiru Tumarkin LLP has helped tens of thousands of non-unionized individuals resolve their workplace issues.

Whether you’re in Alberta, B.C., or Ontario, our lawyers can review your situation, enforce your rights, and ensure that you receive the compensation you deserve.