Edmonton Wrongful Dismissal Lawyers

Navigating Wrongful Dismissal: A Guide for Employees

The workplace should ideally be a space of productivity, growth, and fairness. However, instances of wrongful dismissal can leave employees feeling confused, frustrated, and unsure of their rights. You don’t have to accept mistreatment that is not legal. In this guide, we'll discuss what constitutes wrongful dismissal and what you can do if this has happened to you.

Understanding Wrongful Dismissal:

Wrongful dismissal occurs when an employer terminates an employee's contract of employment in a manner that breaches the terms of the contract or violates employment standards legislation. In Edmonton, Alberta, employment relationships are governed by both provincial legislation, such as the Alberta Employment Standards Code, and common law principles established through judicial decisions.

Key Factors in Wrongful Dismissal Cases:

Several factors contribute to determining whether a dismissal is wrongful:

  • Just Cause: Employers have the right to terminate employees for just cause, such as serious misconduct or repeated performance issues. However, they must provide evidence to substantiate their claims.

  • Notice or Pay in Lieu: In the absence of just cause, employers must provide reasonable notice of termination or pay in lieu of notice. The length of notice or payment depends on various factors, including the employee's length of service, age, position, and the availability of similar employment.

  • Constructive Dismissal: Constructive dismissal occurs when an employer unilaterally makes significant changes to the terms of employment without notice and without the employee's consent, resulting in a fundamental breach of the employment contract. Examples include demotions, reductions in pay or benefits, or changes in job responsibilities.

  • Discrimination or Retaliation: Terminating an employee based on protected characteristics such as race, gender, age, religion, or disability is considered discriminatory and constitutes wrongful dismissal. Similarly, retaliation against employees for exercising their legal rights, such as filing a complaint or participating in a workplace investigation, is prohibited.

Legal Recourse for Wrongful Dismissal:

Employees who believe they have been wrongfully dismissed in Alberta may have a number of legal options, including:

  • Filing a Complaint with Employment Standards: Employees can file a complaint with Alberta Employment Standards if they believe their employer violated provincial employment standards legislation, such as failing to provide adequate notice or termination pay.

  • Legal Action: If you were wrongfully dismissed from your job, you may be able to file a claim for compensation. An employment lawyer will be able to evaluate the circumstances around your dismissal and determine if a claim is in your best interest. Employment claims also work on a contingency basis (more on this later), which essentially means you won’t have to worry about costly legal bills during your claim.

  • Negotiating Settlements: In some cases, employers may be willing to negotiate a settlement rather than engaging in a lengthy legal battle. An employment lawyer can assist employees in negotiating fair compensation and terms for their departure.

Can I Afford an Employment Lawyer?

Our employment claims work on a contingency fee basis, meaning our fee is a percentage of the final settlement. At Litco Law, you won't be responsible for any fees unless and until we successfully resolve your case. We also cover all disbursement costs throughout the legal proceedings, ensuring you won't encounter unexpected legal expenses during your claim.

Have Questions About Wrongful Dismissal in Alberta?

At Litco Law, we have been helping Albertans since 1976 and we understand the complexities of employment law. We are dedicated to advocating for the rights of employees facing wrongful workplace dismissal. Our team of employment lawyers in Edmonton provides personalized guidance and representation to help clients achieve fair outcomes in their employment disputes. Contact us today to book a free consultation.

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    IMPORTANT! If you agree to an insurance company’s settlement offer, you give up your legal right to pursue a personal injury claim. It is best to assess the full extent of your injuries and how they will affect your life before you accept an offer. Please note that you have a maximum of two years from the date of the accident to file an injury claim in Alberta.

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