A sudden job dismissal can put you in a difficult position, both financially and emotionally. You may face uncertainty about how you will pay bills, support yourself, or provide for loved ones who may depend on you. But you don’t have to face this situation alone.
As a Calgary employee, you have rights that protect you from being dismissed without your employer following the proper process, such as giving notice or paying severance. Our Calgary wrongful dismissal lawyers have pursued compensation for numerous clients who were wrongfully terminated, handling every step of their claim from start to resolution.
Call (587) 602-0514 or contact us online for a free consultation to learn more about your rights, legal options, and how we can assist with your claim.
Get answers to the following topics and questions:
- What Is Wrongful Dismissal?
- Signs You May Have Been Wrongfully Dismissed
- Next Steps to Take After a Wrongful Dismissal in Calgary
- What Compensation Is Available After Wrongful Dismissal?
- Why Choose Litco Law for Your Calgary Wrongful Dismissal Claim?
- Frequently Asked Questions About Wrongful Dismissal
- Speak With Our Calgary Wrongful Dismissal Legal Team Today
Award-winning and trusted since 1976, Litco Law has helped thousands of Albertans navigate some of life’s toughest moments. With 800+ 5-star Google reviews, our team is known for delivering exceptional results and caring support when it matters most.
“You probably hoped you’d never need a lawyer. We do our best to make it a positive experience if you do.”
– Jonathan Noorduyn, President & Lawyer, Litco Law
What Is Wrongful Dismissal?
Under Alberta’s Employment Standards Code, there are specific steps employers must take and things they must avoid when dismissing an employee. Here are the factors we consider when assessing your dismissal:
Termination Notice
If an employee has worked for an employer for more than 90 days, the employer must give the employee notice of termination based on the length of their employment. This can range from 1 week’s notice for employees who have worked for the employer for 90 days to 2 years, to 8 weeks for those employed by the employer for 10 years or more.
Termination Pay
Rather than giving a termination notice, an employer may pay the employee an amount equal to the wages the employee would have earned if they had worked their regular hours during the termination notice period.
Severance Pay
Alberta law has a legal requirement for employers to provide advance notice or severance pay based on how long you’ve worked with them. In Alberta, the minimum notice periods under the Employment Standards Code are:
- 1 week for 90 days to 2 years of employment
- 2 weeks for 2 to 4 years
- 4 weeks for 4 to 6 years
- 5 weeks for 6 to 8 years
- 6 weeks for 8 to 10 years
- 8 weeks for 10+ years
Instead of giving notice, employers can choose to pay you what you would have earned during that time – commonly called severance pay.
You may also be entitled to more than the minimum, depending on your:
- Age
- Role and responsibilities
- Length of service
- Ability to find similar work
- Salary or wages
Discriminatory Termination
Under the Alberta Human Rights Act, employers cannot terminate an employee for a reason connected to a “protected ground” or characteristic, including:
- Age
- Race
- Ancestry or place of origin
- Religious beliefs
- Gender
- Pregnancy
- Marital or family status
- Sexual orientation
- Disability
It may also constitute wrongful termination if an employee is let go for making a complaint of discrimination to the Alberta Human Rights Commission, taking job-protected leave, or requesting reasonable accommodation on a protected ground.
Just Cause for Termination
It’s important to understand that not all dismissals are wrongful. Employers can terminate an employee if there is “just cause,” which is a qualifying reason for the dismissal. Examples of just cause for termination include:
- Serious misconduct: Actions like theft, dishonesty, and fraud
- Violence and harassment: Hostile acts, including physical fights, severe bullying, sexual harassment, or making the workplace feel toxic for others
- Wilful disobedience: Repeatedly refusing to follow reasonable instructions or ignoring important safety rules
- Conflict of interest: Situations like working for a competitor, sharing confidential information, or doing something outside of work that seriously damages the company’s reputation
- Gross incompetence: When someone continually fails to meet job expectations, even after receiving numerous warnings, training, and support
The burden of proof for just cause falls on the employer, which means they have the responsibility of proving there was a qualifying reason for your termination. If your employer lacks documentation and evidence, our Calgary employment lawyers may be able to prove that there was no just cause for your dismissal.
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Signs You May Have Been Wrongfully Dismissed
After being let go from your job, here are some signs that you may have been wrongfully terminated:
- Your employer did not give a proper termination notice.
- If you did not receive a termination notice, you were not given severance pay.
- Your employer dismissed you based on protected grounds, such as your race, gender, or age.
- Your employer did not give you warnings of serious misconduct.
- Your employer did not follow contractual obligations when terminating your employment.
Because every situation is unique, whether you have a wrongful dismissal claim will depend on the details of your termination. If you feel you were treated unfairly when you were dismissed, or if you have questions about your termination, our team can help with a free consultation. We will listen to your story, answer your questions in plain language, and guide you through your next steps.
Next Steps to Take After a Wrongful Dismissal in Calgary
If you suspect that you were wrongfully terminated, there are steps you can take to help protect your rights, including:
- Gather and organize your employment records, contracts, pay stubs, emails, and other job documentation.
- Request a written statement from your employer explaining the reason for your termination.
- If you’re asked to sign a release, consider speaking with a wrongful termination lawyer in Alberta before finalizing.
Facing a sudden termination can feel overwhelming in the moment, but it’s often in your best interest to avoid making hasty decisions when possible. Signing a release without legal guidance could affect your right to take legal action.
At Litco Law, our employee rights lawyers in Calgary know there’s a lot to think about after being dismissed. But don’t worry—we’re here to make your life easier. We can gather evidence, speak with the involved parties on your behalf, and fight for the compensation you deserve.
What Compensation Is Available After Wrongful Dismissal?
You may be entitled to MORE than the legal minimums.
Severance Pay
In Alberta, if you’re let go, your employer must give you advance notice or the equivalent in severance pay.
While there are legal minimums for severance pay in the Employment Standards Code, you may be entitled to a larger “common law” settlement based on your age, job level, years of service, salary, and how difficult it will be to find similar employment.
Extra Compensation and Punitive Damages
Additional compensation may be available for mental distress caused by a wrongful dismissal or termination that was humiliating or cruel. In some cases, courts may also award punitive damages to deter or punish the employer for a ‘malicious or outrageous’ wrongful dismissal.
Why Choose Litco Law for Your Calgary Wrongful Dismissal Claim?
Since 1976, our family-owned law firm has provided compassionate support and award-winning legal services. If you were wrongfully dismissed in Calgary, we know what steps to take to protect your rights and hold employers accountable for wrongful termination.
When you work with Litco Law, you don’t just get a lawyer. You get your own personal legal team that will be with you throughout the course of your claim. Your team will work together to ensure you are informed and supported every step of the way.
After a job dismissal, finding legal help can feel overwhelming. We strive to make this process easier, starting with a free consultation with our legal team. If you choose to pursue an employment claim with us, there is no cost to get started, and you won’t pay us anything while your claim progresses.
Hear From Our Previous Clients
When we get client testimonials like these, it reminds us why we put our clients at the centre of everything we do:
- “Litco Law is highly professional and it’s very easy to assess their services (either by phone or online), I found their website to be straightforward and they have all the answers you need by phone or email, ‘I would recommend them to anyone who needs a lawyer” – Lori B
- “I cannot recommend the employment team enough. From the very first consultation, they were professional, compassionate, and incredibly knowledgeable. They took the time to explain every step of the process in clear, simple terms and made sure I always felt supported. Their attention to detail, responsiveness, and genuine care truly meant a lot during a difficult time. Big thanks to Cole, Amanda and Janaya.” – Adam M.
Frequently Asked Questions About Wrongful Dismissal
Below are answers to some of the questions we often hear about wrongful termination in Calgary. To get answers specific to your situation, reach out to our team anytime.
How Do I Know if I Was Wrongfully Dismissed?
If you were not given a termination notice or severance pay, it’s possible that you were wrongfully terminated. However, other scenarios may also be considered wrongful dismissal. It might be a good idea to contact an employment law firm in Alberta to discuss the details of your situation and get clear answers.
Can I Negotiate Better Severance Without Going to Court?
Negotiating better severance after wrongful dismissal does not require going to court, but it may be helpful to work with a legal professional who understands employment law and can negotiate on your behalf.
How Long Do I Have to File a Wrongful Dismissal Claim in Alberta?
In most cases, you have up to two years from the wrongful dismissal to file a claim in Alberta. Because there are some exceptions that can impact this deadline, consider contacting a Calgary employment lawyer to guide you through the claims process.
Can I Be Fired for Poor Performance or Misconduct?
It’s possible to be fired without notice for serious misconduct, such as theft, fraud, violence, or harassment. However, the employer must have clear documentation to prove the misconduct.
Poor work performance, on its own, is typically not enough for dismissal without notice or severance. You can work with a trusted employment lawyer who will review your claim and protect your rights if you were wrongfully terminated.
What Should I Avoid Saying or Doing After Being Wrongfully Terminated?
If you believe you were wrongfully dismissed and are unsure what you can or can’t say, consider reaching out to a trusted Calgary employment lawyer who can guide you on your next steps. A lawyer can help you avoid doing or saying something that might affect your claim.
Speak With Our Calgary Wrongful Dismissal Legal Team Today
We know unfairly losing your job can be stressful, but we’re here to help. Our Calgary wrongful dismissal lawyers will be by your side every step of the way, handling your claim and taking the legal burden off your shoulders. If you choose to work with our team, you’ll receive regular updates on your claim every 30 days or less, and a 24-hour response time for messages and questions.
Call Lawyers You’ll Love at (403) 273-8580 or contact us online for your free consultation. We’ll help you find the solution, even if we’re not it.
