What qualifies as wrongful dismissal in Alberta?

Wrongful dismissal occurs when an employee is terminated without cause and does not receive adequate working notice or fair severance pay in lieu of notice. It also occurs when an employer falsely claims 'just cause' to avoid paying severance, or when working conditions are unilaterally altered to force a resignation (constructive dismissal).

What is the difference between termination with cause and without cause in Alberta?

In Alberta, employers can terminate most employees 'without cause' at any time, provided they pay full statutory and common law severance. Termination 'with cause' (just cause) requires serious, demonstrable misconduct such as theft, fraud, or gross insubordination. The legal standard for just cause is exceptionally high, and employers frequently fail to prove it in court.

How long do I have to file a wrongful dismissal claim in Calgary?

Under the Alberta Limitations Act, you have two years from the date of termination to commence a legal claim for wrongful dismissal. However, it is strongly recommended to consult an employment lawyer immediately to preserve evidence and avoid missing critical documentation.

Can I claim additional damages if my employer acted unfairly during termination?

Yes. If an employer engages in bad faith, dishonesty, humiliation, or harsh conduct during the dismissal, Alberta courts may award moral damages (under Honda v. Keays principles) or punitive damages in addition to your standard severance pay.

How much severance pay am I entitled to in Alberta?

In Alberta, severance entitlement is determined under two regimes: statutory minimums under the Employment Standards Code (ranging from 1 to 8 weeks) and Canadian Common Law. Under Common Law, notice is calculated using the Bardal factors (age, tenure, seniority of role, and availability of comparable employment) and can reach up to 24 months of total compensation, including salary, bonuses, and benefits.

Do I have to sign my severance offer before the employer's deadline?

No. Artificial deadlines (such as 48 or 72 hours) set by employers are not legally binding under Alberta law. Under the Alberta Limitations Act, employees generally have up to two years from the date of termination to advance a claim for common law severance. You should never sign a release until an employment lawyer has reviewed the offer.

What is the difference between statutory notice and common law severance in Alberta?

Statutory notice under the Alberta Employment Standards Code is the bare legal minimum an employer can pay. Common law severance reflects the actual reasonable time required for an employee to secure comparable employment. Common law notice is almost always significantly higher than statutory minimums unless an enforceable employment contract validly limits notice.

Can my bonus, stock options, and health benefits be included in my severance?

Yes. In Alberta, a proper common law severance package should compensate you for all compensation components you would have earned during the notice period. This includes discretionary and non-discretionary bonuses, restricted stock units (RSUs), unvested stock options, car allowances, and health and dental coverage.

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