Employment Termination Lawyer

Wrongful Dismissal Lawyer

Being wrongfully dismissed from a job can be a demoralizing experience. Not only do you lose your source of income, but you may also feel like you’ve been treated unfairly. If you’ve been wrongfully dismissed, there are a few steps you can try to remedy the situation. At DLegal, we have wrongful dismissal lawyers with the expertise and experience to advise you on the right course of action to take.

We know wrongful dismissal cases can be complex. If you have been wrongfully dismissed from your job, you may be feeling overwhelmed and uncertain about what to do next. The good news is that you may be entitled to significant financial compensation.

When your employment is terminated without legal cause, you may have the right to receive termination pay, compensation for vacation pay, and other benefits. In addition, there may be additional payments under your contract or common law.

A wrongful dismissal lawyer can help you understand your legal rights and options and will fight hard to get you the compensation you deserve. If you have been wrongfully dismissed, don’t hesitate to contact us to discuss your case. At DLegal, our experienced lawyers will leave no stone unturned in your matter and build a strong case on your behalf.

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Calgary Wrongful Dismissal Lawyers

Wrongful dismissal occurs when an employee is terminated without just cause or prior notice. In order to qualify as wrongful dismissal, the termination must be in breach of the contract between the employer and employee. Generally, employers are allowed to terminate employees for any reason. However, if an employer violates the terms of the employment agreement, they may be liable for damages.

For instance, if an employee is promised a certain level of job security and abruptly fired, they may have grounds for a wrongful dismissal claim. Similarly, employees not given adequate notice before being terminated may also have a claim. Wrongful dismissal could also be related to insufficient severance pay, false allegations against you, and more.

If you have been wrongfully dismissed from your job, it is essential to seek legal advice as soon as possible. An experienced lawyer can help you understand your rights and options and fight for the compensation you deserve.

Termination Notice in Alberta

STATUTORY MINIMUM

Employment relationships don’t last forever. However, both the employee and employer must give adequate notice if they choose to end their partnership. An employer must provide sufficient termination notice, termination pay, or a combination of both. The statutory rules for employment termination notice in Alberta are as follows:

More than 90 days but less than 2 years – 1 week notice
More than 2 years but less than 4 years – 2 weeks notice
More than 4 years but less than 6 years – 4 weeks notice
More than 6 years but less than 8 years – 5 weeks notice
More than 8 years but less than 10 years – 6 weeks notice
10 years or more – 8 weeks notice

Employees have to give slightly less notice. For example, if they have been employed for less than 2 years but more than 90 days, then 1 week will suffice. Anything more than that and the employee must give 2 years.

Suppose an employee has been working at a company for 90 days or less. In that case, either party can terminate their relationship with no notice and no just cause.

COMMON LAW DAMAGES

The common law damages mean the severance pay calculated under the rules created by courts. They are based on the principle that the employer must provide “reasonable notice of termination” unless the employment contract sets out otherwise.

While there is no strict formula for determining a reasonable notice under the common law, the common law termination pay may be quite substantial and above the statutory minimum. However, each case turns on its facts, and the court will look at several factors (aka Bardal Factors), including the age, length of service, availability of comparable employment, and the nature of employment.

DAMAGES FROM EMPLOYMENT CONTRACT

In addition to the statutory minimum and common law damages for termination of employment without cause, there may be damages in the contract.

In the alternative, an employment contract can limit the damages payable to an employee in case of wrongful dismissal. That being said, one can only contract out of the common law damages in the contract. It is illegal to exclude the entitlements provided under the statute in case of termination without cause.

Just Cause

In extenuating circumstances where employers can prove just cause for termination, they are not required to give you reasonable notice or severance pay. For example, termination may be justified if an employee commits theft or fraud, poses a danger to others, or has committed prolonged absenteeism.

In these cases, it is vital that the employer documents the issues and provides multiple warnings before taking any disciplinary action. By following these steps, employers can help to protect themselves from potential legal challenges. However, just cause can also be difficult to prove at times.

Constructive Dismissal

Similar in nature to wrongful dismissal is constructive dismissal. This occurs when an employee resigns in response to the employer’s conduct. Again, the conduct must be a breach of the contract of employment and be severe enough that a reasonable person in the employee’s position would feel forced to resign.

Common examples of conduct that may give rise to constructive dismissal include a significant reduction in pay or hours, a change in job duties that is incompatible with the original contract, or a hostile work environment. If an employee resigns because of such conduct, they may be able to bring a claim against their employer. However, proving constructive dismissal can be difficult, and it is always best to consult an experienced employment lawyer before taking action.

Have You Been Wrongfully Dismissed?

If you have been wrongfully dismissed from your job, it is essential to take action immediately in order to protect your rights. The first step is to gather any documentation related to your employment, including your contract, performance reviews, and pay stubs.

Next, you will need to reach out to an experienced employment lawyer who can assess your case and advise you on the best course of action. Once you have retained a lawyer, they will be able to work with you to file a claim against your former employer. If successful, you may be awarded damages for lost wages and benefits and compensation for any emotional distress caused by the wrongful dismissal.

Taking quick and decisive action after being wrongfully dismissed from your job is the best way to ensure that you can obtain the justice and compensation you deserve. In Alberta, there is a limitation period during which you can file a wrongful dismissal claim against your termination notice.

Duty to Mitigate

WHAT IS A DUTY TO MITIGATE

The damages a former employee might be entitled to could be significantly reduced if they do not try to maintain their income and career after being terminated. Even if the employee has been unjustly terminated, they must take reasonable steps afterward to find employment comparable to their former work. Employee’s failure to mitigate is a good cause for the former employer to challenge the amount of damages they must pay in a wrongful dismissal action.

WHY YOU NEED TO MITIGATE

The duty to take reasonable steps to find comparable employment is only required under the common law. As such, it may not affect your termination pay under the statute. However, it affects your severance pay under common law. First, your remuneration earned elsewhere may be offset against the severance pay awarded under the common law. At the same time, your failure to take reasonable steps to find comparable employment may be a good reason for the employer to challenge the termination pay you are asking for.

DLegal Wrongful Dismissal Lawyer Calgary

CHOOSING THE RIGHT wrongful dismissal LAWYERS IN CALGARY

For most people, employment is more than just a way to earn money. It’s also an essential source of identity and purpose. When we ask someone what they do for a living, we usually ask about more than their job title. For these reasons, losing a job can be much more than just a financial setback. It can be a blow to your self-esteem and your sense of who you are.

DLEGAL termination LAWYERS

At DLegal, we know a wrongful dismissal case can feel personal. That’s why we are here to help you get the justice you deserve. Reach out to our employment lawyers today to get started with your workplace-related legal matters.

We also provide legal support to employers. So if you are facing a wrongful termination claim against your business, contact our team.

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