WRONGFUL DISMISSAL
Wrongful Dismissal Lawyers in Calgary
Wrongful dismissal occurs when an employer terminates an employee without providing the notice of termination, pay in lieu of notice, or other compensation the employee is legally entitled to receive. An employer generally has the right to terminate an employee without cause, but that does not necessarily mean the employer can simply provide the minimum termination pay required by Alberta's Employment Standards Code.
Unless an enforceable employment agreement validly limits an employee's termination entitlements, an employee may be entitled to reasonable notice at common law. Common law notice can significantly exceed the minimum amounts required by employment standards legislation and can include more than base salary alone. Depending on the circumstances, an employee's entitlements may include bonuses, commissions, benefits, pension contributions, equity compensation and other forms of compensation.
There is no fixed formula for determining reasonable notice. Courts consider a number of factors, including the employee's age, length of service, position, responsibilities and the availability of comparable employment. Short-service employees can sometimes be entitled to substantial notice periods, particularly where their circumstances make comparable employment difficult to obtain.
A termination package should therefore be reviewed in light of the employment agreement, the employee's complete compensation structure and the circumstances surrounding the termination. Employees should consider obtaining legal advice before signing a release or accepting a severance package
It is very important that you do not sign any documentation presented to you at the time of your termination without first speaking to a lawyer, preferably an employment law expert or an attorney who specializes in employment law.
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Wrongful Dismissal and Severance in Alberta: Common Questions
What if my employment contract contains a termination clause?
While a termination clause can negatively impact the amount of termination pay that you are owed, the clause has to be worded in a very particular manner. Even if you do have a termination provision, there is a very good chance that it may be unenforceable. Do not assume the worst, run your employment agreement by an employment attorney.
What if the Labour Standards Board has already told me I don't have a case?
The representatives at the Labour Standards Board are not lawyers. They are not trained in the common law and are not equipped to advise you on your full rights. Your entitlement to notice under the Code is only one aspect of a much broader spectrum of employment rights. Talk to an employment lawyer, even if you have already spoken to the Board.
What if my employer has given me a deadline to sign my severance package?
Your right to fair compensation does not go away just because an employer has imposed a deadline. In fact, a short-term deadline is usually a red flag that your employer has offered you a bad severance package. Even so, it is important that you speak to a Calgary-based employment lawyer as soon as possible. We strive to accommodate same-day phone consultations whenever possible.
I am worried about my reputation in the industry. I do not want to burn any bridges.
There is no shame in standing up for your rights. At the end of the day, you and your employer have a contract, and they should be living up to their end of the bargain. Most severance negotiations are highly professional, private and confidential, and do not jeopardize an employee's prospects of future employment. In fact, it is in your employer's best interest to see that you secure comparable employment elsewhere.
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