Wrongful termination in Alberta may occur when an employer dismisses an employee without the required notice or pay in lieu of notice. When an employer terminates an employee without cause but does not provide an appropriate notice or severance package in Alberta, individuals may be able to seek legal remedies to obtain the compensation or severance they would have received in a lawful termination. However, proving that a wrongful termination occurred requires meeting a substantial burden of evidence.

Throughout a dispute or termination process with an employer, it is crucial to maintain thorough and accurate documentation to support any claims you may make. Let’s closely consider the types of evidence you should preserve to build a paper trail that can substantiate your case.

Preserve Your Employment Contract

Your original employment contract stipulates the terms and conditions agreed upon between you and your employer. This contract may include information about job roles, duties, severance, termination terms and more. The appropriate amount of notice or severance owed to you may be determined by your employment contract. To prove an employer wrongfully terminated an individual, demonstrating a deviation from this agreement may be essential. Be sure to keep a copy of your contract for future reference.

Keep Copies of Documents Relating to Work Performance and Pay

An employer may allege that a termination was for cause. However, the facts of an individual’s employment could call such claims into question. Copies of relevant documents discussing workplace behavior and performance should be collected and retained to support claims that a termination occurred despite strong performance. These could include communications with managers about your performance in specific or general terms; recognitions of success or effort at work; and performance reviews.

Any Information Relating to Severance

If an employer offers a severance package upon termination, employees should not act with haste and should not sign anything without the opportunity to discuss the situation with an employment lawyer. Such offers may not align with legal requirements, and signing early means losing the chance to lay a claim later. Preserve these documents and communications to detail how a business may have failed to meet the requirements of the law. Signing a Release will also prevent you from making any other forms of complaints against your employer, such as a human rights complaint, and so it is very important to consult with an employment lawyer before you give up those complaints.

Employer Communications

Direct communications with employers can reveal information that could support wrongful termination cases, such as evidence that a firing was retaliatory or based on a protected factor. Always seek to communicate with employers about termination and related matters in writing to preserve copies. Avoid being aggressive or antagonistic, and stick to the facts. Preserve all communications with the employer over time whenever possible.

Keep Letters of Notice or Termination

Do not discard or lose information provided to you during the termination process. For example, if you believe an employer did not provide sufficient notice before ending the employment relationship, the letter of notice would be an essential item of evidence. Preserve all such documents.

Records of Your Complaints

If you communicated with human resources teams, supervisors, direct reports or other individuals in company management, preserve those communications, too. If you believe you were retaliated against because of complaints you made, keep copies of those communications as well.

Building a Strong Foundation for Your Case

Demonstrating that an employer violated standards in your termination is not a simple process. The amount of evidence required is significant, but understanding how to create a paper trail can strengthen your case. With so many elements to consider when establishing wrongful termination in Alberta, experienced legal assistance can provide a helpful framework to make it easier to understand what to preserve and how. At Lypkie Henderson, our team can assist you in understanding how to pursue a severance package in Alberta following an improper termination. Through years of experience in this area, we know how to build cases and provide support. Get in touch today to learn more.