Wrongful Dismissal

Collaborative Approach to Every Case in Alberta and Beyond

Our team of legal professionals understands that losing your job can be devastating, especially when you didn’t do anything that deserves dismissal. That is why we are committed to using our vast knowledge of employment law to help clients across Calgary and the surrounding areas pursue legal action for wrongful dismissal.

The lawyers at our firm are familiar with federal and provincial labour laws, as well as employment standards obligations. With our experience and extensive resources in your corner, you can feel confident that your best interests will be protected throughout each phase of the legal process.

What Is Wrongful Dismissal?

Wrongful dismissal, sometimes called wrongful termination, occurs when an employee is fired from their job without a legal reason.

Examples of wrongful dismissal include:

  • The employee was fired without being offered a fair and reasonable period of working notice
  • The employer fails to pay the full amount the employee has the right to upon the termination, including notice period pay, vacation pay, severance, or final pay
  • The employer makes changes to the employment contract without the employee’s consent
  • The employee was terminated based on false allegations of termination for cause
  • The employee was fired due to discrimination and human rights violations.

Although the COVID-19 pandemic has forced many businesses to downsize substantial portions of their staff, employers must still follow the law during these unusual circumstances. If you believe you have been wrongfully dismissed during the pandemic, please don’t hesitate to reach out to Guardian Law Group so we can get to work fighting for your rights.

If you’ve been forced to quit due to an employer’s unreasonable and frequent changes, we can represent you in a constructive dismissal case.

What Is Just Cause Termination?

Two key factors come into play when an employer fires an employee: whether the employer had a legal reason to fire with cause and what steps the employer took to give repeated warnings to the employee. Just cause termination is not the same as wrongful dismissal. There are a variety of just cause situations, including the following:

  • An employee shows up to work drunk or high
  • An employee commits an illegal act in the workplace
  • Serious misconduct in the workplace
  • An employee steals from the company or their coworkers

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    What Should I Do If I Have Been Wrongfully Dismissed?

    If you were wrongfully dismissed by your employer without proper notice of your termination, contact an employment lawyer as soon as possible to learn your rights and next steps. Your lawyer can guide you through filing a complaint, build a strong claim with evidence, and negotiate with your employer for wrongful dismissal damages.

    Some of the monetary damages that you may be able to recover can include reasonable notice damages, termination pay, severance, commission/bonuses, and other damages related to the loss of employment.

    Attorneys Proudly Providing Dedicated Counsel in Calgary

    If you have been wrongfully dismissed from your job, then please get in touch with Guardian Law Group so we can discuss the details of your case and determine the best course of action. Our law firm has a stellar reputation for delivering outstanding legal representation that is tailored to our client’s unique needs. We also offer multilingual services in English, French (Français), Spanish (Español), Croatian (Hrvatski), Cantonese (广东话), Mandarin (普通话), and Tagalog.

    What You Get With Guardian Law Group

    Effective Communication
    We strive to keep you up to date on your matter and we give it the attention it deserves. We don’t stop until the matter has been resolved.
    Understanding Staff
    Our knowledgeable and helpful staff will work with you directly to attend to your requests.
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    Our Lane
    We put the right experts on the right job to serve you better.

    Frequently Asked Questions

    If you are terminated without cause, your employer will likely offer you a "package" including some termination pay. We recommend you have a lawyer review this for you before accepting.

    When this occurs, we suggest politely telling your employer that you would like to have their offer reviewed by a lawyer who has experience in this area of the law. Our highly skilled team of professionals would be happy to meet with you to discuss all your options and help you determine the right move.

    The Employment Standards Code and Human Rights Act prohibit employers from laying off, terminating, discriminating against, or even asking employees to resign because of pregnancy, childbirth, or taking maternity or parental leave. Canadian courts have awarded additional damages for an employer’s attempt to terminate an employee in situations like this. It is strongly advised for you to speak with a lawyer to discuss your specific situation.

    The Alberta Human Rights Code prohibits discrimination on the grounds of race, religious beliefs, color, gender, gender identity, physical disability, mental disability, and age (with some qualifications). If you believe that you have been the victim of such discrimination, contact one of our lawyers so we can get to work advocating for your rights.

    In many cases, Guardian Law Group will take employment matters on a contingency fee basis, meaning that we only get paid as a percentage of your recovery when you get paid. In this area of the law, our contingency rate only applies to any additional settlement or judgment that we are able to obtain for you.

    “Constructive dismissal” is when an employee is forced to resign due to the employer creating an intolerable work environment. Since the employee is being forced into resigning, it is seen as a termination by the employer and the employee is entitled to a severance package.

    The Limitations Act typically provides a two-year limitation to sue from when you knew or ought to have known about a claim. Contact one of our lawyers to discuss your rights well in advance of this deadline.

    Civil litigation involves legal disputes between individuals, businesses, or organizations seeking monetary compensation or specific actions, often resolved through court proceedings.

    If you're facing disputes over matters like contracts, property, construction, or personal rights, civil litigation may be appropriate. Our team can assess your situation and advise on the best course of action.

    Our approach prioritizes tough yet principled negotiation backed by solid legal research. We aim for settlement, but if litigation becomes necessary due to a lack of options, we're prepared to represent your interests effectively.

    Our experienced team has managed a diverse range of cases, including administrative law, bankruptcy, construction disputes, defamation, property litigation, human rights issues, and more.

    Yes, we're skilled in alternative dispute resolution methods such as mediation and arbitration, providing effective alternatives to traditional litigation.

    Civil litigation timelines can vary but typically range from one to three years in Alberta. With our expertise, we work to streamline the process and minimize delays.

    By choosing us, you gain a strategic advantage in navigating the complexities of civil litigation. Our seasoned lawyers manage the entire process, from initial claims to potential appeals, ensuring efficient and effective resolution.

    With Guardian Law Group, you're not just hiring a lawyer; you're partnering with a dedicated team committed to swift resolution. We handle records exchange, questioning, expert opinions, and more, ensuring you avoid the headache of prolonged disputes.