Whether you are unsure if you received a fair severance package, or you are looking for answers about employment law in Alberta, we are here for you.
Litco Law has served Albertans since 1976, providing exceptional service and legal representation for thousands of Calgarians. We are passionate about balancing the power for employees across all workplace-related legal matters.
Have you been wrongfully dismissed? Looking to have your employment agreement reviewed before you sign? We can help. We will explain the laws in a way that is easy to understand and focus on what matters most to you – your rights.
Fired. Released. Made Redundant. Terminated. Downsized. Let Go. ​
Facing Job Loss? You’re Not Alone
Fired. Laid Off. Terminated. Regardless of the term your employer uses, losing a job can be overwhelming. It’s normal to feel shock, frustration, and uncertainty about the future. Take a moment to breathe; there's no rush to sign anything from your former employer. If you need time to process, that’s completely okay.
For helpful tips on managing stress after job loss, consider resources like
HelpGuide.org.
Be wary of signing anything that takes your rights away from you. ​
A Note from Our Employment Lawyer, Cole Lefebvre:
Don’t sign anything prematurely. If you’ve lost your job, be wary of signing any documents or agreements without proper legal counsel.
- DON’T sign anything right away. Your former employer may try to pressure you into signing non-compete or non-disclosure agreements. Or they may ask you to sign a ‘release’ that is disguised as a severance offer which they threaten to revoke unless you sign immediately.
- DO tell your employer that you would like to take time to review the document, and have it looked over by a lawyer before you sign.
- DO consult an experienced employment lawyer before you accept a settlement offer or sign any documents from your former employer. An experienced lawyer will be able to tell you whether the offer is fair considering your employment history with the company.
If you have already signed a document or release for your company, but you were unaware of what you were signing or forced or coerced into signing, you may still be able to make a claim.
Contact us as soon as possible to find out.
Know Your Rights: What Constitutes Wrongful Dismissal?
If you've recently lost your job, an employment lawyer can help clarify your options and ensure you understand your rights. In Alberta, employers must follow the
Employment Standards Code and the
Alberta Human Rights Act, providing reasonable notice or severance unless there’s just cause for termination.
Examples of Wrongful Dismissal
- Changes to your contract without consent.
- False allegations or lack of just cause for dismissal.
- Failure to provide severance or notice prior to termination.
- Unpaid wages or earned vacation pay.
Types of Compensation for Wrongful Dismissal
If you were wrongfully dismissed, you may be able to claim financial compensation under at least one of the following categories:
1. Reasonable Notice: In Alberta, employers must give written notice of termination to any person they have employed for 90 days or longer. The length of the notice period increases based on the number of years that person has worked with the company.
Employers do have the option to terminate your employment immediately, so long as they pay you an amount equal to what you would have earned if you had continued to work for the notice period – this amount is commonly referred to as severance pay.
Alberta’s
Employment Standards Code lays out the minimum legal notice requirements, under Section 56:
- 1 week, if you have been employed for more than 90 days, but less than 2 years
- 2 weeks, if you have been employed for 2 years, but less than 4 years
- 4 weeks, if you have been employed for 4 years, but less than 6 years
- 5 weeks, if you have been employed for 6 years, but less than 8 years
- 6 weeks, if you have been employed for 8 years, but less than 10 years
- 8 weeks, if you have been employed for 10 years or more.
Keep in mind that these are minimum notice periods. You may be entitled to extended severance pay based on a number of factors, including your:
- Age
- Job description
- Length of employment
- Ability to find similar employment in your field
- Salary or wages
2. Extra Compensation: Additional compensation may be given for mental distress caused by a wrongful dismissal or termination that was humiliating or cruel.
3. Punitive Damages: In some cases, the courts may decide that a deterrent or punishment is necessary to prevent the employer from wrongfully dismissing their employees in a ‘malicious or outrageous’ manner. This is more common in the United States than Canada.
If you have questions about your situation,
contact us to schedule a free consultation. We believe in transparency; if pursuing a claim isn’t in your best interest, we’ll let you know.
Knowing and understanding your rights can mean the difference of thousands of dollars or more in your pocket.
If you have questions about your
severance package, or
wrongful dismissal,
contact us today to speak with one of our Alberta employment lawyers. We’ll evaluate the circumstances around your dismissal to determine if it’s worthwhile for you to make a claim. We believe in complete transparency, meaning that if it’s not in your best interest to pursue a claim, we’ll tell you.
Note: If you were part of a labour union and you feel that you were dismissed unfairly, you will need to contact your union representative directly.
What qualifies as just cause for dismissal?
If an employer can prove just cause for dismissal, they are not legally required to give a termination notice or pay severance. But employers must be able to provide clearly documented evidence to support just cause for termination. In order to fire someone with just cause, the employer must have a legal reason or have given repeated warnings to the employee prior to termination.
Common reasons for this type of dismissal include:
- Theft or fraud
- Serious workplace misconduct
- Being under the influence of drugs or alcohol
- Violence or harassment
- Chronic absenteeism without reasonable excuse
Keep in mind that this list is not exhaustive. The burden to prove just cause for termination is on the employer and does not consider things like poor work performance or occasionally showing up late – unless this behaviour is ongoing, and several documented warnings were given prior to dismissal.
If you were fired and your employer is alleging just cause, our employment lawyers can help you determine whether you have the grounds to make a claim.
Time Limits on Claims
In Alberta, you generally have two years from the date of wrongful dismissal to file a claim. Don't wait—important deadlines may affect your rights. Contact us for a free consultation today.
We assist with a wide range of employment law matters, including:
- Wrongful Dismissals
- Severance and Termination Clause Reviews
- Reasonable Notice Assessments
- Constructive Dismissals
- Human Rights Violations
- Harassment and Discrimination Cases
- Employment Agreements & Contracts
- Disability Entitlements
- Workplace Investigations
Here to Support You
Whether you’ve been wrongfully terminated, need a severance package reviewed, or have questions about employment law in Alberta, we’re here to protect your rights and provide peace of mind. Navigating employment law can be overwhelming, especially when worrying about your next paycheck. Our team is dedicated to ensuring you are treated fairly and supported during this challenging time.
Our Alberta Employment Lawyers are Here for You
At Litco Law, we offer
free consultations and work on a
contingency fee basis, so you don’t pay anything until your claim is resolved. Our team is here to answer your questions, support you through this difficult time and, most importantly, listen to you. Have questions?
Contact us to speak with a member of our team today.
Our Commitment to You:
- No Upfront Costs: Your initial consultation is always free, and you won’t pay until your claim is settled.
- Transparent Fees: We’ll discuss fees upfront—our payment is based on a percentage of your settlement, ensuring you know what to expect.
- Covered Expenses: We handle disbursements during your claim, so you won’t face unexpected costs.
- No Win, No Fee: If your claim isn't resolved, you owe us nothing.
- No Obligation: After your consultation, you’re under no obligation to hire us.