Wrongful dismissal in Alberta occurs when an employer terminates an employee without providing adequate notice or a proper severance package, unless the termination is for just cause.
Just cause dismissals are rare and require significant misconduct by the employee.
Wrongful dismissal can also involve constructive dismissal, where an employer makes significant changes to the employment terms without the employee’s consent, effectively forcing them to resign.
What Is Wrongful Dismissal in Alberta?
Wrongful dismissal encompasses situations where an employer in Alberta ends their relationship with a non-unionized employee without adhering to legal requirements for notice or severance, except in cases of just cause.
Key Aspects of Wrongful Dismissal
- Termination Without Proper Notice or Severance: Employers must provide notice or severance pay in lieu of notice, except when firing for just cause.
- Just Cause Termination: Just cause is declared when an employee’s actions make their continued employment untenable, such as theft or severe misconduct. Proving just cause is challenging for employers.
- Constructive Dismissal: Occurs when an employer significantly alters the terms of employment without the employee’s agreement, leading to an effective dismissal.
FAQs on Wrongful Dismissal in Alberta
What constitutes just cause for dismissal in Alberta? Just cause includes serious breaches of contract by the employee, such as theft, fraud, or significant misconduct. Minor issues or performance concerns typically do not constitute just cause.
How is severance calculated in wrongful dismissal cases? Severance in Alberta is determined based on factors like the employee’s age, length of service, job type, and the availability of similar employment. It aims to compensate for the time it may take to find new employment.
Can I be fired without notice in Alberta? Employers can terminate employment without notice only if there is just cause. Otherwise, notice or severance pay is required.
What should I do if I think I’ve been wrongfully dismissed? Consult with an employment lawyer to review your case. Documentation related to your dismissal and employment, such as performance reviews and termination letters, will be crucial.
Is there a time limit to file a wrongful dismissal claim in Alberta? Yes, you have two years from the date of dismissal to file a legal claim against your employer for wrongful dismissal.
In Summary
- Wrongful dismissal in Alberta includes terminations without adequate notice or severance, unless for just cause.
- Employees facing wrongful dismissal have legal rights to compensation, typically through severance pay reflecting their tenure and role.
- Consulting with an employment lawyer is crucial for navigating wrongful dismissal claims and ensuring fair treatment.
Sources
- STLawyers: Provides insights into wrongful dismissal laws in Alberta, including definitions and employee rights. Wrongful Dismissal in Alberta – STLawyers.
- Taylor Janis Workplace Law: Discusses the differences between termination without cause and wrongful dismissal, offering legal perspectives for employees in Calgary. Termination Without Cause vs. Wrongful Dismissal – Taylor Janis Workplace Law.
- Getz Collins and Associates: Explores what qualifies as wrongful termination in Alberta, providing legal advice for affected employees. What Qualifies as Wrongful Termination in Alberta? – Getz Collins and Associates.
- Global News: Offers an employment lawyer’s explanation of how wrongful dismissals work in Alberta, including options for employees who believe they have been wrongfully dismissed. How Wrongful Dismissal Works in Alberta – Global News.
