Were you recently wrongfully terminated without cause, without notice, or severance? Do you believe you have a wrongful dismissal case on your hands?
Employers in Canada are required to offer a statutory notice to employees before termination. These mandates vary from province to province, and the longer you’ve been with the company, the more notice is required. Understanding your rights as an employee is crucial to ensuring you receive the maximum amount of benefits you’re entitled to.
JSB Law is here to help you navigate uncertainty and handle the litigation process on your behalf. We’ll also review the laws with you and ensure you can maximize your severance benefits.
If you’ve been terminated from your employment after at least two to three years of consecutive service with the same employer, here’s how an employment lawyer can help:
Termination Without Cause
In Alberta, employers can let go of employees at any time without cause as long as the employee is offered reasonable notice or pay in lieu of working notice. Working notice informs the employee that their role with the company will be terminated on a specific date. However, employees are required to continue working through the working notice period.
Termination ‘For Cause”
Termination “for cause” means an employee has been let go for misconduct. If an employee is let go for misconduct, the company is not required to provide severance pay. However, employers are required to provide evidence of the misconduct. If your employer does not provide proof of misconduct, you can file a constructive dismissal through an employment lawyer.
Wrongful Dismissal
If you were terminated without cause and did not receive a severance package, you could work with an employment lawyer to file a wrongful dismissal claim with your employer. When you work with a firm like JSB Law, you can maximize your severance package and ensure you receive the compensation you deserve after termination.
Constructive Dismissal
If your employer changes your wages, working hours, or job responsibilities without your consent, you may have a constructive dismissal case on your hands. Working with an employment lawyer can help you navigate the uncertainty of the changing situation and ensure your needs are met.
Severance Pay Laws
Employers must pay past employees a severance package that aligns with the number of years they worked for the company. According to the Employment Standards Code of Alberta, businesses must offer at least one week’s pay after 90 days of employment. The more years you’ve worked with the company, the more severance you are entitled to. For example, if you’ve been with the company for over 10 years, you’re entitled to at least 8 weeks’ notice or pay. An employment lawyer will review these Employment Standards Codes with you to ensure that your severance payout aligns with the years of service.
Why You Need an Employment Lawyer
If you believe you were wrongfully terminated, JSB Law is here to help. Our Calgary employment lawyers have your best interests at heart and are here to help you through the legal laws of Alberta. The lawyers at our firm are here to help you navigate the legal landscape of employment termination, ensuring that you receive the maximum employee severance package you deserve. If your employee does not provide a notice period before termination, we’ll also guide you through the legal process.
The team at JSB Law specializes in employment law. We’re here to help you maximize your severance package and ensure you’re treated fairly by your previous employer.
Book a consultation with our Calgary employment lawyers.