Whether you’ve been terminated or are dealing with significant changes at work, you deserve to know what your rights are and the steps to take to ensure you receive fair treatment. We’ve put together this guide to help you understand when to consider making a claim and how we can assist you.
When Should You Think About Making a Claim?
- Termination & Constructive Dismissal: If you’ve been let go without cause or are facing major changes like a demotion or a significant pay cut, you might have grounds for a claim. Constructive dismissal occurs when your employer’s actions make it impossible for you to continue working under the same conditions, effectively forcing you to resign. If this sounds like your situation, it’s worth exploring your options.
- Harassment or Assault: If you’re dealing with harassment or assault at work, don’t wait to reach out for help. These situations are serious, and an employment lawyer can ensure your safety and protect your rights.
Can I Afford to Hire an Employment Lawyer?
Absolutely. At Litco Law, we offer free consultations, so you can discuss your case with us without any commitment. If you do choose to file an employment claim, you don’t pay us anything until your claim is resolved.
Key Factors to Consider
Here’s what we’ll look at to determine how we can assist you:
- Union Membership: If you’re part of a union, your collective agreement likely covers employment disputes. In these cases, your union representative should be your first point of contact.
- Timing of Termination: The date of your termination is crucial. In Alberta, you typically have up to two years to file a claim. If it’s been longer than two years, it’s unlikely that you’ll be able to pursue a claim but feel free to reach out to us as there can be exceptions.
- Employer & Position Details: The specifics of your role are important. If you held a high-level, senior, or executive position, you might be entitled to more severance if terminated.
- Length of Employment: Claims are often more impactful (i.e. eligible for more money) for those with over three years of service. That being said, even if you’ve been employed for less time, particularly in a high-level or well-compensated role, a claim might still be worthwhile.
- Compensation Details: We need to understand your total compensation (i.e. salary, wage, bonuses, etc.) to assess potential employment claims accurately.
- Employment Contract: If you signed a contract when you were hired, having a copy on hand is important. It can provide clarity on what you are entitled to and any clauses that might affect your claim.
Information We’ll Need from You
To better understand your situation, we’ll ask the following questions:
- Termination or Constructive Dismissal: Was your termination voluntary or forced? Did your employer provide a reason?
- Warnings: Have you received any written or verbal warnings? Details here are crucial.
- Severance Package: Were you offered a severance package? What were its terms?
- Contractual Agreements: Did you sign any documents at termination?
- Company Changes: If you experienced changes like a demotion or pay cut, when did these occur? Were you made aware of the changes prior to them taking place?
- Raising Concerns: Did you address these issues with the company while you were employed?
Have questions? We’re here to help.Â
Worried about termination or need legal assistance with an employment matter? Contact us today to speak with a member of our legal team to book a free consultation. We’re here for you.
Additional Resources
- AB Employment Standards: 1-877-427-3731 – For questions about rules and regulations for non-union employees.
- Workers Resource Centre: 1-403-264-8100 – Provides free assistance with employment issues, including WCB and workplace injuries.
- AB Labour Relations Board: 1-403-297-4334 – Offers advice for union employees.
- AB Human Rights Commission: 1-403-297-6571 / 1-780-427-7661 – For complaints related to human rights violations.
