Wrongful Dismissal generally just means that your employer has terminated your employment and has not provided you with enough “reasonable notice” of that dismissal (or pay in lieu of notice of that dismissal).
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Wrongful Dismissal Process
Are you an Alberta employee who has been fired? Have you had your employment terminated? Been dismissed, or let go?
These all mean the same thing of course. You had a job but now you do not. Having your employment terminated can be one of the most challenging events in your life, both financially and emotionally.
Wrongful dismissal always means dismissal without just cause. Wrongful dismissal is sometimes called wrongful termination, and the two phrases mean the same thing.
Wrongful Dismissal Severance Entitlements
If you have been wrongfully dismissed, you are likely entitled to at least some amount of severance.
If an employer has just cause for dismissal, then it is not a wrongful dismissal and the employee is not usually entitled to severance. Most of the time there is not just cause for dismissal, even where the employer claims otherwise. As a result, most dismissals are wrongful dismissals.
Are you concerned you might be entitled to more notice or severance pay than your employer is offering you?
The lawyers at Bow River Law are skilled and experienced at handling a wide variety of employment dismissal matters as legal counsel for employees and employers. This of course includes legal services to employees and employers for Wrongful Dismissal.
If you have recently experienced a dismissal from employment in Calgary or elsewhere in Alberta, let us help you determine your entitlements and fight for them.
Cautionary Notes
- Just because your employer has decided to terminate your employment does not mean you are powerless.
- Even if your employer does an investigation and concludes they have “just cause” to terminate your employment, you are not powerless. Employers do not get to decide if they have just cause or not- that is for the courts to decide. We are experienced at making strong arguments that an employee has been wrongfully dismissed and providing representation for those dismissed employees.
- We are experienced at representing employers in wrongful dismissal cases as well- let us know what is going on and we should be able to help you.
Wrongful Dismissal FAQ
Can my employer just terminate my employment without a good reason?
Usually, non-unionized employees can be terminated without a reason, as long as the employer provides you notice or severance. However, sometimes the circumstances of how you were terminated is not allowed, and in the case of federally-regulated employees like pilots, telecommunications workers or bank employees, just cause is often required. Speak to an employment lawyer to understand if your termination was illegal and/or if you got enough severance.
Can I be “deemed to resign” if I refuse to sign something my boss asked me to sign?
An employer does not get to deem you to have resigned. The courts determine if you have resigned or were dismissed based on intentions and other evidence. Employers sometimes try to convince employees they resigned in an attempt to deny you severance pay.
Is wrongful dismissal used to refer to terminations of employment that are morally wrong?
The use of the term wrongful in “wrongful dismissal” is primarily related to the fact that a termination of employment without sufficient notice is not allowed. The dismissal itself does not need to be considered harsh, insensitive, unfair or untruthful in order to be considered a “wrongful dismissal” in Alberta.
How does wrongful dismissal relate to reasonable notice and severance pay in Alberta?
An employee dismissed without reasonable notice of that dismissal is usually entitled to severance pay. The severance is also called “pay in lieu of reasonable notice” or “pay in lieu of notice”. The severance entitlement of every employee is different and unique and should be assessed directly by an employment lawyer at a consultation in your province.
Wrongful Dismissal Legal Blog Articles
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