Wrongful Dismissal

Contrary to the implied meaning of this term, there is generally nothing “wrong” with terminating an employee provided that they are provided with adequate notice or compensation. 

If an employee has been dismissed for “just cause” then they will not be entitled to additional severance of notice of termination. Whether or not “just cause” has occurred is extremely difficult to prove. Even if your employer claims that they have just cause, this is often not the case and the assistance of an employment lawyer should be sought. 

Wrongful dismissal occurs when the following criteria are satisfied:

  • An employee is dismissed from their employment without first providing reasonable notice of termination or payment in lieu of notice; and
  • The employee has been dismissed without just cause
Can you get fired for no reason in Alberta? 

Generally, for non-unionized employees, the answer is yes. 

Employers frequently dismiss employees due to corporate restructuring, downsizing, or because they want to make changes in their workforce. This is an extremely frustrating situation for many employees who have done nothing wrong to justify losing their jobs. 

Fortunately, an employer is generally required to provide adequate notice of termination of the job or to provide a severance package. 

 

What is the minimum termination notice in Alberta? 

The Alberta Employment Standards Code establishes minimum termination pay that most employees are entitled to receive if their job is ended. These minimum standards are: 

To terminate employment an employer must give an employee written termination notice of at least:

  • One week, if the employee has been employed by the employer for more than 90 days but less than 2 years, 
  • 2 weeks, if the employee has been employed by the employer for 2 years or more but less than 4 years, 
  • 4 weeks, if the employee has been employed by the employer for 4 years or more but less than 6 years, 
  • 5 weeks, if the employee has been employed by the employer for 6 years or more but less than 8 years, 
  • 6 weeks, if the employee has been employed by the employer for 8 years or more but less than 10 years, or 
  • 8 weeks, if the employee has been employed by the employer for 10 years or more. 

Most employees are entitled to severance pay which is far greater than the minimum amounts set out in the Employment Standards Code. For this reason, it is important to obtain legal advice to understand your rights if you have been let go from your job.

Your Next Steps

Please contact our Intake Specialist at workplacelaw@lypkielaw.com or 780-669-4542 should you require assistance with an Employment Law matter.