How do you know when you have been wrongfully dismissed? In Alberta, wrongful dismissal is when an employee is dismissed or fired on the spot without “just cause.” Employers can dismiss employees without cause, but Alberta labour law stipulates that in such cases employees must be given “reasonable notice” or, alternately, offered a fair severance package.
Essentially, the required timeframe for providing notice is to give the employee a fair opportunity to seek another job. (Conversely, employees are expected to give reasonable notice to employers when resigning from a job.)
If you were fired or unjustly let go, you may have grounds for a wrongful dismissal claim. The Lypkie Henderson Employment Law office is dedicated to advocating for wrongfully dismissed employees. We can help you clarify your case, assess potential severance pay or damages and pursue your claim.
Just cause and wrongful dismissal
The term “just cause” is critical in labour law. A number of reasons for termination fall under just cause, such as serious misconduct, dishonesty, revelation of character, drug use, lateness and absenteeism, and incompetence.
On the other hand an employer cannot release an employee for discriminatory reasons such as physical disability, gender, race, or family or marital status. These are protected grounds under the Alberta Human Rights Act. If any of these protected grounds are the reason for your dismissal, this also qualifies as wrongful termination.
Other instances of wrongful dismissal
In addition to unjust termination or failure to provide reasonable notice, the Lypkie Henderson Employment Law office advises on other forms of wrongful dismissal:
- Termination during leave of absence
- Termination during maternity leave
- Termination and disability
Every situation is different, and each case must be evaluated on its own merits. The best way to know if you have a valid case is to consult an Edmonton employment lawyer.
Take action against wrongful dismissal
If you live in the greater Edmonton area and have been the victim of wrongful dismissal, contact the Lypkie Henderson Employment Law office to arrange a consultation.