Wrongful Dismissal Law In Edmonton
Have You Been Wrongfully Dismissed?
Wrongful dismissal happens to anyone, from the highest management level to the most junior employees. No matter your position, losing your job is hard – especially when you’ve done nothing wrong. Wrongful dismissal is when an employer fires someone without any legal reason to do so. The situations vary but wrongful dismissal occurs, essentially, when an employer fails to respect your legal rights, contractual or otherwise, when terminating your position. In these situations Edmonton wrongful dismissal lawyers at Kahane Law Office (Edmonton) review all the facts around your situation and fight for you.
Edmonton Wrongful Dismissal Lawyers Know The Law
The Employment Standards Code govern what employers can and cannot do with employees. If you’ve been wrongfully dismissed, we are here to help you understand and protect your rights. Whether you had an employment contract in place and your termination was not based on reasons allowable in the contract or the termination breached common law employment standards, the Edmonton wrongful dismissal lawyers at Kahane Law Office help. Call or email us today for an appointment. Our number is (780) 571-8463 and you can email us directly.
Just Cause Termination: What is it?
A just cause, or for cause, termination is not a wrongful dismissal, so it’s important to understand the difference. For an employer to fire someone for cause, two key things must happen. First, the employer must have a legal reason to fire someone with cause. Second, the employer must have taken steps to give repeated, and preferably written, warnings to the employee. For cause situations vary greatly. For example, just cause terminations are warranted if an employee does any of the following:
- Misconducts themselves in a significant way at work;
- Performs illegal acts at work;
- Steals from the employer or staff; or lastly
- Shows up to work drunk or high.
Wrongful Dismissal Examples
If you were not fired for just cause and you face any of the situations listed below, please contact the employment lawyers at Kahane Law. Don’t wait too long to get in touch. If you fail to act within a prescribed time frame, you may face limitations that prohibit collecting damages from an employer. Classic cases of wrongful dismissal include:
- Employers refusing to pay fired employees who employers severance / notice period pay;
- Employers failing to pay final / vacation pay;
- Terms of your contract changing without your agreement; and
False allegations of termination for cause leading to your termination.
Facing Wrongful Dismissal? Here’s What To Do
Every employer in Alberta must follow many rules when it comes to firing employees. If your employer has failed to follow these rules, then you may pursue damages for wrongful dismissal. If suddenly let go from your employment, please speak with an employment lawyer right away. The lawyers at Kahane Law will evaluate your legal position and help you understand what a fair settlement looks like, given your circumstances.
Factors Edmonton Wrongful Dismissal Lawyers Look At
One of the most common questions our wrongful dismissal lawyers hear is, “What am I entitled to if I am wrongfully dismissed”? And the answer is, “It depends.” Many factors come into play in wrongful dismissals, most of which depend on the specific circumstances related to the person wrongfully dismissed. These are just a few of the factors that may influence your legal standing:
- Your age and other personal characteristics;
- The wage or salary you were receiving;
- How long your employment lasted;
- Which position you held; and lastly
- The job market in which you’ll be seeking new employment.
Wrongfully Dismissal Financial Damages
If you’re fired, what amount do employers owe you? That’s what the term financial damages means: the amount of money a company must pay a person who suffers from the loss of employment in a wrongful dismissal case. In wrongful dismissal cases, financial damages fit into three categories. You may be able to collect in any one of the categories but you also may be eligible for collecting in multiple. Sometimes, clients receive and order for damages from all three categories. Here are the three categories:
Punitive Damages
If an employer intentionally sets out to cause harm to an employee when terminating them, they may face punitive damages in a wrongful dismissal lawsuit. The courts award punitive damages as a deterrent. The courts design the amount to punish the employer and ensure it never treats an employee in that manner again. For punitive damages to apply, the courts must deem the employer’s conduct as “malicious and outrageous” enough to warrant a sanction. Punitive damage awards occur less frequently in Canada than in the United States.
Extra Compensation
The courts award extra compensation more frequently. It is the amount an employer must pay an employee who has been wrongfully dismissed in a humiliating way. In most cases, the employee must experience mental distress directly caused by the termination. An employer that terminates someone’s job in a cruel manner faces these extra compensation liabilities.
Notice Period Payment
Lastly, when terminating your job, an employer has an obligation to give you notice. If they fail to give notice, the notice period payment is the amount you normally would have made during the time leading to your termination. The number of years of your employment determine the amount payable under this category. If employed for 2 to 4 years, for example, you employers owe a 2-week notice period; 4 to 6 4 years of employment gives the employee a 4-week notice period; and 6 to 8 years gives 5 weeks. More details fit into this scale, so please feel free to email us with your questions.
Hiring Edmonton Wrongful Dismissal Lawyers
The Edmonton wrongful dismissal lawyers at Kahane Law know all aspects of employment law in Alberta. We can review employment contracts, provide advice on terminations and even litigate, when needed. If you’ve been terminated, please speak with us to understand your rights before you sign anything for an employer. We provide the advice you need to make an informed decision. Whether you’re in Edmonton or northern Alberta, you can reach us at (780) 571-8463. You can also email us today to set up a consultation. We look forward to helping you.