In Alberta, employers have certain obligations when terminating an employment relationship without just cause. One such obligation is to give employees reasonable notice that their employment is coming to an end. Typically, many employers provide employees with pay in lieu of notice—also known as severance—instead. Failing to meet the notice obligation by not providing reasonable notice or pay in lieu of notice constitutes wrongful dismissal in Alberta.

If you believe you may have been wrongfully dismissed, an employment lawyer in Alberta may be able to help. Understanding your next steps can be vital in obtaining a fair outcome. Consider what those steps should involve.

Do Not Sign Offers from Your Employer

Before signing any paperwork, carefully evaluate the offer to ensure that it is fair. You always have the opportunity to consider an offer before signing an agreement, no matter what an employer might say. If you feel the offer is inadequate, consult with a lawyer before making a decision. By doing so, you can explore the potential for negotiation and ensure you receive the appropriate benefits. Keep your options open by exercising your right to consider the offer.

Connect With a Lawyer as Soon as Possible

When the facts indicate that your employer wrongfully dismissed you, don’t wait too long to have your situation considered by an experienced lawyer. The nuances of severance law can be complex. A lawyer can examine the facts with you and explain what options you may have and whether a wrongful dismissal case exists in your circumstances. The sooner you take this step, the sooner you can work towards reaching a potentially more favourable resolution.

Review the Facts

Working together with legal representation, explore the facts surrounding your dismissal. Calculate how much notice you were owed based on your length of service with the business. Based on these metrics, a lawyer can help you understand your legal severance entitlement. You may discover that the employer did meet their obligations during the dismissal process. Your employment contract may also specify and limit how much notice you are owed. However, you may also identify facts that strengthen your case.

Decide Whether to Pursue a Negotiation or Court Claim

Most employers don’t want to go to court to fight a wrongful dismissal claim. Instead, they will likely negotiate with your legal representation to achieve an outcome more amenable to all parties. However, in some more serious cases, you may need to go to court to force the employer to pay the appropriate amount in severance. Your lawyer will help you understand which path may be best for your needs.

Find Help for Wrongful Dismissal in Alberta Now

When employers don’t play by the rules for severance and notice, it can disrupt your life. You don’t have to face it alone. At Lypkie Henderson, we offer our clients help through our many years of experience in this area of the law. Consider speaking with an employment lawyer in Alberta today to learn more about your rights and potential remedies.