Losing a job is never easy and can often cause upheaval in your life. Depending on the circumstances of the loss, you may also wonder if the process was legal and fair and if you should speak to an employment lawyer in Edmonton about it. It’s not always easy to know what the next steps are because the terminology surrounding these events can be quite confusing.

Many assume that an employee who is “terminated without cause” automatically has a case for “wrongful dismissal.” Before you contact a labor lawyer in Edmonton, though, you should know that this is not necessarily true. Termination without cause can be legal in several circumstances. Let’s dig into the differences so you can better evaluate your current situation.

What Does Termination Without Cause Actually Mean

Termination without cause occurs when an employer ends the employment relationship without alleging misconduct or poor performance. It is legal for companies to terminate employees without cause. However, in doing so, the employer must offer some form of relief to the worker. This comes in the form of either reasonable notice of the upcoming termination, pay in lieu of notice (which can often exceed the minimum notice required under the employment standards legislation); or a combination of both notice and pay.

For example, consider a company that undergoes restructuring or downsizes due to economic conditions. In the process, the company chooses to eliminate an employee’s position. The termination is not about the worker’s conduct at all, but rather about reducing headcount or adjusting roles within an organization. Provided the notice and pay requirements are appropriately met, this is a legal process.

What Wrongful Dismissal Actually Means

Wrongful dismissal is not about a feeling of unfairness; many employees may feel the loss of their job is an unfair result. However, a dismissal may become “wrongful” when the employer fails to meet their obligations to provide adequate notice or pay in lieu of notice. In other cases, the employer themselves may be in breach of the employment agreement. This can occur whether the employer alleges the termination was for cause or without cause.

For example, consider an employee with over a decade of service. The individual is offered two weeks’ pay and simply told this is company policy for dismissals. Even without any allegations of employee misconduct, this would constitute wrongful dismissal because it is below the minimum notice required by the Employment Standards Code and it does not take into account the employee’s length of service. Likewise, if an employer alleges the firing was for cause, due to poor performance or misconduct, they must meet a strict burden of proof requirement to show that cause existed and that the termination of the employee was a proportionate response. If they cannot, the dismissal may be wrongful.

Exploring Some Examples

To make it easier to see the difference between these two concepts, let’s review a few basic examples of legal termination without cause and wrongful dismissal.

Consider an employee laid off without cause and provided only the statutory minimum level of notice or pay in lieu. This employee may still have a wrongful dismissal case if their common law entitlement, based on length of service, age, position, and other factors, would warrant a larger amount of either form of relief. This employee may need to speak with a lawyer to determine whether they have a case.

An employee terminated for performance issues for which there is no documented evidence, and without any offer of a performance improvement plan, may also have a case. Even where an employer claims there was cause for termination, a lack of evidence can lead to a wrongful dismissal claim.

Employees pressured to resign or demoted to unrelated roles within the company may raise a constructive dismissal claim, which can also constitute wrongful termination.

“Without cause” merely describes why the employment ended, whereas “wrongful dismissal” relates to the process the employer used and whether they offered compensation that met the statutory and common law requirements.

Why Legal Support Can Make the Difference

Because there are many complexities to consider when determining whether wrongful dismissal occurred, speaking with a lawyer experienced in this area is essential. A lawyer can help you determine if you have a potential case by examining a variety of factors. These include:

• The length of service provided, the employee’s age and position, and the availability of comparable employment within the industry: all these factors go into what makes reasonable notice or pay in lieu of notice for a dismissal without cause.
• A review of the employment contract is necessary, as there may be terms regarding severance and termination that do not meet the legal bar.
• Reviewing potential common law entitlements; the statutory minimums are only that: minimums. A lawyer will review the facts in the light of the Employment Standards Code to see if you were provided adequate recourse.
• Evaluating whether an employer’s claim of just cause for termination has sufficient documentary evidence and that the right steps were taken to terminate the employee.
• Exploring the issue of constructive dismissal based on the circumstances.

With Lypkie Henderson, you can connect with an employment and labor lawyer in Edmonton to review this.

Find Help to Evaluate Your Situation Today

When facing termination, do not sign any paperwork right away without speaking to an employment lawyer in Edmonton. Keep a paper trail of evidence for yourself as well. With Lypkie Henderson, you can find support in this area from highly experienced lawyers who can move with the speed and decisive action you need to determine your next legal steps. Let us help you understand the facts of your situation and explore the path toward a fair outcome when you contact our firm today.