Question 1

What qualifies as wrongful dismissal in Alberta?

Accepted Answer

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).

Question 2

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

Accepted Answer

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.

Question 3

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

Accepted Answer

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.

Question 4

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

Accepted Answer

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.

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