Wrongful Dismissal in Alberta: Your Rights and Next Steps
Losing your job can be a challenging experience. However, when an employer terminates your employment without providing reasonable notice, adequate severance, or a legitimate reason, the termination may constitute wrongful dismissal. In Calgary, employees are protected by law with respect to how and when their employment may be ended. Understanding these rights is the first and most important step toward ensuring that you are treated fairly and in accordance with the law.
What Is Wrongful Dismissal?
Wrongful dismissal happens when an employer ends the employment relationship without providing reasonable notice or adequate pay in lieu of notice. It doesn’t always mean your employer acted maliciously, it means they didn’t meet their legal obligations when letting you go.
Examples include:
• Termination without proper notice or severance.
• Being dismissed for vague reasons like “not fitting in” without any warnings or performance management.
• Being fired for discriminatory reasons (age, gender, race, disability, family status).
• Retaliation after raising workplace concerns, such as harassment or unpaid wages.
It’s also worth noting that “just cause”, the only situation where no notice or severance is required, is a very high bar. Serious misconduct like theft or violence may qualify, but poor performance or minor issues generally do not.
First Steps After Employment Termination in Alberta
It’s natural to feel upset, anxious, or even relieved after losing your job. But before you make any quick decisions:
1. Gather your documents: Keep your employment contract, termination letter, pay stubs, and any relevant emails or texts.
2. Do not sign anything right away: Severance packages can look generous but often fall short of what you’re entitled to under Alberta law or common law.
3. Review your contract: Terms about termination can affect your entitlements, but they aren’t always enforceable if they don’t meet minimum standards.
4. Seek legal advice early: An employment lawyer can help assess whether your dismissal was wrongful and whether you should negotiate for a fair and reasonable severance package.
What Remedies Are Available?
If you’ve been wrongfully dismissed, possible outcomes include:
• Fair severance pay or pay in lieu of notice beyond what was initially offered.
• Compensation for lost wages and benefits during the proper notice period.
• Additional remedies such as damages, if your termination involved discrimination or retaliation.
Every case is unique the right approach may be negotiating a stronger severance package, filing a human rights complaint, or pursuing damages in court.
Why Timing Matters
One of the most common mistakes employees make is waiting too long to get advice. Strict timelines can apply, especially in cases involving human rights or constructive dismissal. The sooner you speak to a lawyer, the more remedies you will have available to you.
Conclusion: You’re Not Alone
Losing your job can come as an unexpected shock, but if the termination was handled unfairly, you are not required to simply accept it. Wrongful dismissal occurs more frequently in Alberta than many individuals realize, and the law affords employees significant protections in such circumstances. Before signing any documents or severance agreements, it is important to seek independent legal advice. An experienced employment lawyer can help you understand your rights and entitlements, evaluate the circumstances of your termination, and work with you toward achieving a fair and equitable resolution.
If you’ve recently been let go and want to understand your options, contact OP Lawyers. Our Calgary employment law team is here to support you with clear, practical advice.
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. For advice specific to your circumstances, please consult a qualified employment lawyer at OP Lawyers or another legal professional.