Summary: Wrongful Dismissal in Alberta
Wrongful dismissal in Alberta occurs when a non-unionized employee is terminated without being provided the correct amount of severance pay or notice.
It is rarely about the reason for the firing; rather, it is a legal claim that the employer failed to fulfill their financial obligations to the employee as required by common law.
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What is Considered Wrongful Dismissal in Alberta?
In Alberta, an employer has the right to let an employee go for almost any reason, provided it is not discriminatory. However, what is wrongful dismissal in Alberta comes down to the notice period. You have likely been wrongfully dismissed if:
- You were fired “without cause” and provided only the minimum notice required by the Employment Standards Code.
- Your employer claims just cause without serious misconduct (the “capital punishment” of employment law).
- You were constructively dismissed through fundamental changes to your pay or duties.
Wrongful Dismissal Payouts & Damages
Wrongful dismissal payouts in Alberta are not capped at the statutory 8-week maximum. Under common law severance, wrongful dismissal damages in Alberta can reach as high as 24 months of pay. Payouts are calculated using the Bardal Factors, which include your:
- Age: Employees in their 50s and 60s are often entitled to higher payouts because it is statistically harder to find new work.
- Length of Service: Your years of loyalty are rewarded with a longer “notice period.”
- Position: Senior managers and specialized professionals typically receive larger settlements.
- Availability of Similar Employment: If the job market is struggling, your severance should be higher to bridge the gap.
How to File a Wrongful Dismissal Claim
Knowing how to file a wrongful dismissal claim in Alberta is the first step toward justice. You generally have a two-year limitation period to file, but you should never sign a release before speaking with a lawyer.
- Step 1: Do not sign any severance offers.
- Step 2: Consult a wrongful dismissal lawyer in Calgary or Edmonton to calculate your full common law value.
- Step 3: Your lawyer will send a demand letter or file a Statement of Claim in the Alberta Court of King’s Bench.
Suing for Wrongful Dismissal in Alberta
While most cases are settled through negotiation, suing for wrongful dismissal in Alberta is sometimes necessary to force a stubborn employer to pay what is fair. The legal path you take depends largely on the value of your claim.
- Alberta Court of Justice (Civil): Handles claims up to $100,000. This is often a faster route for mid-level severance disputes.
- Alberta Court of King’s Bench: For claims exceeding $100,000. This is the forum for long-service employees, senior executives, and cases involving complex human rights or medical leave damages.
When you sue for wrongful dismissal, your lawyer will file a Statement of Claim. This document outlines why the dismissal was wrongful and the specific wrongful dismissal damages in Alberta you are seeking, such as lost salary, benefits, and bonuses.
Alberta Wrongful Dismissal Court Cases & Settlements
Reviewing recent wrongful dismissal Alberta court cases and firm victories provides insight into how common law protections work in practice.
Case Study 1: Hiebert v. Zimco Instrumentation
In a win at the Alberta Court of Justice, Samfiru Tumarkin LLP secured over $58,000 in wrongful dismissal damages in Alberta for a produce specialist. After 11 years of service, he was fired “for cause” based on allegations of poor performance and insubordination. The court ruled that the employer failed to provide clear warnings or a reasonable opportunity to improve, ordering the company to pay $58,445.20.
Case Study 2: The Alberta Hotel Manager “Firing Fiasco”
Our team successfully negotiated wrongful dismissal settlements for a general manager who was fired without cause after new management questioned her hiring of a relative. Despite the employer’s attempt to later claim “just cause” and offer only minimum standards, we identified an unenforceable termination clause in her contract and secured her full legal entitlements.
- Fact: Over 99% of the wrongful dismissal cases handled by Samfiru Tumarkin LLP are settled through negotiation well before reaching a trial. Our reputation for litigation often encourages employers to provide a fair settlement quickly.
Get Legal Help Today
If you are suing for wrongful dismissal in Alberta, you need the province’s most respected legal team on your side. We specialize in high-stakes negotiations and litigation for employees in Calgary, Edmonton, and across the province. Ensure you receive the maximum payout you are entitled to with help from:
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