Shim Law understands how devastating it can be to lose your job through wrongful dismissal. That’s why we are dedicated to ensuring Alberta employees receive the compensation they deserve when their employment is terminated without legal cause.
Our experienced team will evaluate any vacation pay or other benefits you may be entitled to, and provide a clear strategy for protecting your rights within provincial and federal laws – so don’t just let yourself fall victim – call Shim Law today.
What is wrongful dismissal in Alberta?
Alberta has the utmost commitment to employee rights and clearly outlines that any termination of employment must come with a notice or payment in lieu thereof – unless there is just cause for dismissal. The exceptions are seasonal employees as well as those who have been employed for less than ninety days.
Employers shouldn’t take advantage of employees who have been wrongfully dismissed – they should be compensated for the wages and benefits associated with their notice period. Employees have rights that mustn’t go unnoticed; if your situation fits this description, it’s important to stand up for yourself and seek justice.
What is Reasonable Notice?
Alberta employers must take into consideration statutory minimum notice periods when planning the dismissal of an employee. They have the option to provide immediate termination with payment equal to what would be earned during that time as severance, in accordance with Section 56 of Alberta’s Employment Standards Code:
- Employed for 90 days – 2 years – You will need 1 week’s notice
- Employed for 2 years – 4 years – You will need 2 week’s notice
- Employed for 4 years – 6 years – You will need 4 week’s notice
- Employed for 6 years – 8 years – You will need 5 week’s notice
- Employed for 8 years – 10 years – You will need 6 week’s notice
- Employed for 10 years or more – You will need 8 week’s notice
Unsatisfied with the notice period offered by your previous employer? Get in contact with our knowledgeable lawyers to explore legal action against them for wrongful dismissal.
With Cause vs Without Cause
Employers are not obligated to issue notice or severance in the event of dismissal for just cause. To qualify as such, there must be a serious workplace violation – ranging from theft and fraud, physical violence/harassment onsite, or persistent unexcused absences.
If you believe that a former employer has dismissed you with unjust claims, our employment lawyers can help assess their legal reliability. We understand the complexity of proving just cause and are here to provide expertise on any situation such as unsatisfactory work performance or repeated tardiness unless there is evidence documenting warnings.
Contact a Calgary Wrongful Dismissal Lawyer Today
Before you agree to any documents upon departing from work, it is essential that you consult with a qualified employment lawyer. Your employer may offer severance as an incentive for signing – take the time to explore your options and ensure this package best suits both parties involved.
Requesting legal advice will not only empower you but also demonstrate good faith in negotiations between employers; making sure all agreements are mutually beneficial. Contact our employment lawyers today by calling 403 476-2011.