Why Choose Our Wrongful Dismissal Lawyers

We are dedicated workplace lawyers for employees and employers with significant experience in wrongful dismissal cases.

If you are an employee who was wrongfully dismissed from your job, or an employer facing allegations of wrongful dismissal, we are here to help. Book a consultation and we will review your situation to provide you with clarity on the path forward.

common WrongFul Dismissal Questions

Find the answers you’ve been looking for.

Navigating any employment law issue can feel daunting when you’re doing it alone. We’re here to offer you the knowledge and adept guidance with Alberta’s Employment Standards Code. Find more answers in our Knowledge Centre.

Wrongful dismissal occurs when an individual’s employment is terminated without cause and without reasonable notice.

Most employees are hired on an indefinite contract of employment, meaning there is no fixed end date to their employment. If their employer wants to terminate their employment, the employer must provide the employee with reasonable notice, or pay in lieu of reasonable notice.

The obligation to provide reasonable notice is part of every employment contract unless the contract states otherwise. The purpose of reasonable notice is to give employees a fair opportunity to obtain a new position instead of abruptly terminating employment and hindering their ability to support themselves and their dependents.

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.

Calculating reasonable notice depends on a variety of factors, including the character of employment, the length of service, age of the employee, and the availability of similar employment.

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. The amount notice required by the common law is normally much greater than the minimums provided for under the Code.

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

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.

Cashion Legal also works on severance pay law disputes to help our clients get the compensation they deserve.

how our clients feel

We’re proud of helping our clients find their best possible outcome.

Brenda

Competent, Confident, Reasonable, Personable, Expedient, Understanding, Compassionate and a Knowledgeable Lawyer. Mike Cashion listened, empathized, advised, defended and obtained a successful result. You corrected an unfair situation. Thank you so much!

Randy

Mike did an excellent job settling my unique employment matters in a very timely and professional fashion! I highly recommend him for your legal needs! Thanks Mike!

Sheryl

[We] were so impressed with Mike’s professionalism, honesty and compassion. He was always very responsive and transparent throughout the whole process and provided solid advice. I highly recommend Mike to anyone needing advice with an employer concern and would hire him again if required! Mike is a true caring professional.

Jay

Michael Cashion was the best lawyer I could have hoped for. He always took the time I needed to understand every step of the process completely. His research was complete and thorough and he helped me to have a pleasant experience and outcome.

ACBS Accounting

He was very professional, compassionate and supportive. After hearing me out, he patiently explained the pros and cons of my case and my options to decide. His fees were reasonable and fully explained based on the legal options that I chose to pursue. My case was concluded to my satisfaction and peace of mind after two months of consultation with Mike. I highly recommend Mike and his firm. They are professional, knowledgeable and passionate about what they do.

Employee satisfied with severance package

Frequently asked questions about wrongful dismissal

We always encourage employees to speak with an employment lawyer before signing a release. In our experience employers almost always grant extensions on the deadlines for signing releases.

While there are certain rights that employees have that independent contractors do not have, many times employers will improperly classify their employees and independent contractors to avoid respecting these rights, meaning you may actually be entitled to these privileges.

If your employment is terminated without cause and without advance notice, then you are entitled to pay in lieu of notice (commonly referred to as severance pay). If your employer had just cause to terminate your employment, then you are not entitled to severance.

A tightly-worded employment agreement can limit your entitlement to severance to the mandatory minimums available under Alberta’s Employment Standards Code. However, very specific wording is required. We recommend reviewing your agreement with an employment lawyer to get a better sense of how it might impact severance.

Calculation of severance pay depends on a variety of factors and may be limited by your employment agreement. It’s best to work with an employment lawyer to determine what fair severance might be based on the specifics of your circumstances.

Severance packages are designed to provide financial and other benefits to employees who are being terminated or laid off. By reviewing your severance package, you can gain a clear understanding of what you are entitled to receive. This includes information about the amount of severance pay, continuation of benefits, outplacement assistance, stock options, and other compensation or benefits.

It is crucial to review your severance package before you sign it. Sometimes employers will place deadlines on when your severance package needs to be signed, but these deadlines can be extended upon request.

wrongful dismissal client at a legal meeting

We have a solution.

Our dedicated lawyers are here to provide clear, actionable solutions tailored to your specific needs. Whether you’re an employer or an employee dealing with a wrongful dismissal, we offer insightful analysis and strategic guidance to help you understand your rights and options. With a commitment to delivering clarity and effective representation, we work tirelessly to resolve your employment law concerns efficiently and favorably. Trust us to be your knowledgeable partner in achieving the best possible outcomes and bringing peace of mind to your employment-related matters.

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Compassion

We care about our clients.


We know that facing any type of workplace issue is difficult, so we offer professional guidance with empathy and compassion.

Clarity

We bring clarity to the unknown.


We know that workplace issues are full of uncertainty, so we bring clarity to your situation, options, and costs whenever possible.

Advocacy

We believe in employee rights.


All individuals deserve fairness, respect, and dignity in the workplace, so we advocate for you and seek a fair outcome for your situation.

what we do

Unsure of your rights after a dismissal?
Struggling with a workplace conflict?

We can help.

Wrongful Dismissal

When an individual’s employment is terminated without cause and without reasonable notice.

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Constructive Dismissal

When an employer breaches an essential obligation that is imposed by the employment agreement.

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Workplace Discrimination

When an employee experiences discriminatory treatment based on factors such as race, gender, or disability.

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Severance Packages

When an employer offers payment and benefits upon termination while also requiring signature on a release.

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Workplace Harassment

Failure of an employer or a co-worker to treat an employee with civility, decency, and respect.

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Non-Compete Clauses

An employer’s attempt to protect the business and limit an employee’s ability to work with a competitor.

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Termination for Cause

When an employee is terminated without notice or pay in lieu due to an act of serious misconduct.

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Contact us

Sometimes, you just need to take the next step.

If you are looking for professional guidance for your workplace issue, you’re in the right place. We’re here to help. Booking a consultation is the first step.