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Navigating Wrongful Termination: What Employees Should Do If They’ve Been Wrongfully Terminated

Termination of employment wrongful dismissal BC

Experiencing a sudden job loss can be deeply unsettling, especially when you suspect your termination may not have been lawful. For professionals in Calgary, including executives, managers, and skilled employees who have dedicated years to their employer, understanding your rights is critical. If you’ve been let go under circumstances that seem unfair or unclear, you may be dealing with wrongful termination. An employment lawyer can help you evaluate your situation and ensure your rights are protected.

What Is Wrongful Termination?

Wrongful termination refers to being dismissed from your job in violation of your legal rights. In Alberta, while employers can terminate employees without cause, they are legally required to provide reasonable notice or severance pay, as outlined in employment standards and common law. If your dismissal involved discrimination, retaliation, a breach of contract, or lacked appropriate notice or compensation, it may qualify as wrongful termination.

Some examples of wrongful termination include:

  • Being fired after reporting workplace harassment or safety concerns
  • Dismissal tied to age, race, gender, or disability discrimination
  • Termination without appropriate notice, severance, or cause, especially after years of service

Recognizing the Signs

Senior and mid-level professionals in Calgary often face complex employment arrangements. You may have signed a detailed employment agreement, received bonuses or stock options, or had performance-related targets. If you’re terminated without a clear explanation or are pressured to sign a release without legal advice, you should proceed with caution.

Common red flags include:

  • Vague or shifting reasons for dismissal
  • A request to sign termination documents immediately
  • Inconsistencies between the termination and your past performance reviews

In such cases, consulting an employment lawyer can help clarify your legal position and determine whether your termination was lawful.

Legal Protections for Employees in Alberta

Under Alberta’s Employment Standards Code and human rights legislation, employees have protection against wrongful dismissal and discriminatory termination. In addition to minimum notice or pay in lieu, common law may entitle you to a more generous severance package, often based on factors such as age, position, length of service, and likelihood of finding new employment.

It is important to note that many employees, including high-income earners and professionals, are entitled to significantly more than the minimum standards. An experienced employment lawyer in Calgary can assess your case and determine the severance you’re actually owed, which may be substantially greater than what an employer may initially offer.

Steps to Take If You’ve Been Wrongfully Terminated

  1. Do Not Sign Anything Right Away
    Many employers offer severance packages with a tight deadline to accept. These deadlines are negotiable, and if you sign without legal advice, you may forfeit your right to pursue a better severance package.

  2. Document Everything
    Keep records of termination letters, emails, performance reviews, and any correspondence that may support your position.

  3. Consult an Employment Lawyer Early
    The sooner you speak with a lawyer, the better your chance of protecting your rights. Whether your termination was without cause, for alleged misconduct, or under suspicious circumstances, a Calgary employment lawyer can guide you through the legal process.

  4. Avoid Public Discussion
    Refrain from discussing your termination on social media or with colleagues until you have received legal advice. What you say publicly could impact your case.

Protect Your Future

Being wrongfully terminated doesn’t just affect your current income, it can have long-term consequences on your career trajectory, reputation, and peace of mind. Whether you’ve worked two years or twenty with the same employer, you deserve to understand your rights and recover what you’re entitled to.

If your employment has recently ended, don’t navigate the uncertainty alone. Contact us to speak with an experienced Calgary employment lawyer and schedule a confidential consultation. We’ll help ensure you receive what you’re entitled to and move forward with clarity and confidence.

At JSB Employment Law, we have the experience and insight to support you through every step of your employment law matter.

 

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