Wrongful Dismissal Lawyers Calgary

What is wrongful dismissal?

Wrongful dismissal occurs when an individual’s employment is terminated without cause and without reasonable notice. If there were grounds for your dismissal you may need a constructive dismissal or termination for cause lawyer.

Most employees are hired on an indefinite contract of employment, meaning there is no fixed end date to their employment. If their employer wishes to terminate their employment, the employer must provide the employee with reasonable notice, or pay in lieu of reasonable notice of termination of the employment contract. Notice can take the form of any communication by the employer to the employee that the employee will no longer be employed by the employer.

The obligation to provide reasonable notice is part of every employment contract unless the contract states otherwise. The purpose of reasonable notice is to provide employees a fair opportunity to obtain a new position instead of abruptly terminating the employment and hindering their ability to support themselves and their dependants. Cashion Legal also works on severance pay law disputes to help our clients get the compensation they deserve.

What is considered reasonable notice of termination?

The amount of reasonable notice, or pay in lieu of notice, is case specific and dependant on a variety of factors, including the character of employment, the length of service, age of the employee, and the availability of similar employment.

Another consideration is whether your employment agreement stipulates that the employer is not required to provide reasonable notice. In Alberta, employment agreements commonly limit the requirement to provide reasonable notice and limit notice to the minimums established by Alberta’s Employment Standards Code.

Payment in lieu of notice is not limited to base salary, and can also include compensation for bonuses, commissions, pension benefits, pay for vacation days, and loss of medical benefits.

Reasonable notice is different from the statutory notice required by Alberta’s Employment Standards Code. The amount notice required by the common law is normally much greater than the minimum’s provided for under the Code.

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