Edmonton Wrongful Termination Laws

Frequently Asked Questions

What is wrongful termination?

Wrongful termination occurs when:

• Employer breaches employment contract – Violating the terms and conditions of your employment agreement
• Termination violates employment standards – Not following Alberta’s minimum employment standards
• Dismissal is discriminatory – Based on protected characteristics under human rights law
• No proper notice or severance – Failing to provide required notice period or compensation
• No just cause for termination – Lacking valid reason for dismissal
• Violates human rights laws – Breaking Alberta’s Human Rights Act protections

How much notice am I entitled to?

Notice entitlement depends on:

• Length of employment – Longer service typically means more notice required
• Employment contract terms – Specific notice periods agreed in your contract
• Age and position – Senior employees often entitled to longer notice
• Job market conditions – Current employment opportunities in your field
• Common law standards – Court-established notice periods based on precedent
• Employment Standards minimums – Alberta’s legal minimum notice requirements

What is constructive dismissal?

Constructive dismissal happens when:

• Employer makes significant changes – Altering fundamental terms of employment without consent
• Working conditions become intolerable – Creating an impossible or unsafe work environment
• Employee forced to resign – Feeling compelled to quit due to workplace changes
• Breach of employment contract – Violating agreed terms of employment
• Unreasonable demands – Imposing impossible or unfair work requirements
• Hostile work environment – Creating an abusive or discriminatory workplace

How do I prove wrongful termination?

Evidence needed:

• Employment contract – Your original employment agreement and any amendments
• Termination letter – Official documentation of your dismissal
• Performance records – Documentation of your work history and reviews
• Witness statements – Testimonies from coworkers or supervisors
• Email communications – Electronic records of relevant discussions
• Company policies – Written workplace rules and procedures

What compensation can I receive?

Possible compensation:

• Lost wages – Income you would have earned during notice period
• Severance pay – Additional compensation for long service
• Benefits continuation – Extended health and insurance coverage
• Pain and suffering – Compensation for emotional distress
• Legal costs – Reimbursement of legal expenses
• Future income loss – Compensation for reduced earning capacity

How long do I have to file a claim?

Time limits vary:

• Employment Standards: 6 months – From date of termination
• Human Rights: 1 year – From the discriminatory act
• Civil lawsuit: 2 years – From date of termination
• Different for unionized employees – Follows collective agreement timelines
• May be extended in some cases – With proper justification
• Strict deadlines apply – Missing deadlines can bar claims

What is just cause for termination?

Just cause requires:

• Serious misconduct – Significant violation of workplace rules
• Repeated warnings – Documented history of performance issues
• Opportunity to improve – Chance to correct behavior or performance
• Clear policies violated – Breaking established workplace rules
• Documented issues – Written records of problems and warnings
• Progressive discipline – Following proper disciplinary procedures

Can I get my job back?

Reinstatement options:

• Through complaint process – Via employment standards or human rights complaint
• Court order possible – If court finds termination unjust
• Negotiated settlement – Through mediation or settlement discussions
• Union grievance – For unionized employees through collective agreement
• Human rights remedy – If discrimination is proven
• Employment standards order – If minimum standards violated

What is severance pay?

Severance pay includes:

• Notice period pay – Compensation for required notice period
• Benefits continuation – Extended health and insurance coverage
• Bonus payments – Pro-rated bonus entitlements
• Pension contributions – Continued pension plan participation
• Vacation pay – Outstanding vacation time compensation
• Other entitlements – Any additional contractual benefits

How do I negotiate severance?

Negotiation tips:

• Get legal advice – Consult an employment lawyer before negotiating
• Know your rights – Understand your legal entitlements
• Document everything – Keep records of all communications
• Consider all factors – Evaluate total compensation package
• Don’t sign quickly – Take time to review all terms
• Review carefully – Ensure all entitlements are included

What if I signed a release?

Signed releases:

• May be challenged – If signed under duress or without proper advice
• Must be voluntary – Cannot be coerced into signing
• Need proper advice – Should have legal counsel review
• Full disclosure required – Employer must provide all relevant information
• Consider all factors – Evaluate all aspects of the agreement
• Legal review possible – Can be reviewed by court if issues arise

What is a termination letter?

Termination letter should:

• State reason for termination – Clear explanation for dismissal
• Outline severance package – Detailed breakdown of compensation
• List final payments – All outstanding amounts owed
• Explain benefits – Coverage continuation details
• Provide references – Information about reference policy
• Include legal rights – Explanation of your legal entitlements

How do I handle a termination meeting?

During termination:

• Stay calm – Maintain professional composure
• Take notes – Document all discussions and promises
• Ask questions – Clarify all aspects of termination
• Get everything in writing – Request written confirmation
• Don’t sign immediately – Take time to review documents
• Get legal advice – Consult a lawyer before signing anything

What if I’m in a union?

Unionized employees:

• Follow collective agreement – Terms set by union contract
• Use grievance process – Union’s internal complaint procedure
• Union representation – Union provides legal support
• Different timelines – Union-specific deadlines apply
• Special procedures – Union-specific processes to follow
• Arbitration possible – Union can take case to arbitration

How do I find a good lawyer?

Finding a lawyer:

• Check experience – Look for employment law specialization
• Review success rate – Track record with similar cases
• Consider reputation – Standing in legal community
• Check credentials – Professional qualifications and memberships
• Interview multiple – Meet with several lawyers
• Get referrals – Ask for recommendations from trusted sources