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.

Kedge Anchor Law | Contract Review Guidance

Understand Your Contract Before You Sign.

A contract review consultation can help you better understand your obligations, risks, and key terms before moving forward with an agreement.

Who This Is For

This page is for business owners, professionals, entrepreneurs, contractors, and organizations that want practical guidance before signing, renewing, or relying on a contract.

Business owners reviewing service agreements

Professionals asked to sign a new contract

Contractors reviewing client or vendor terms

Organizations updating business agreements

Entrepreneurs entering new business relationships

Individuals unsure about legal or commercial terms

Common Contract Risks

Contract risks are not always obvious. Terms that seem routine can create significant issues if they are unclear, one-sided, incomplete, or not suited to the specific business relationship.

Unclear payment obligations

One-sided termination clauses

Missing dispute resolution terms

Overly broad liability provisions

Unclear service expectations or deliverables

Confidentiality or non-disclosure gaps

Unfavorable renewal or cancellation terms

Clauses that do not reflect the actual business arrangement

What The Consultation Includes

A contract review consultation is designed to help you understand the practical meaning of important contract terms and identify areas that may require clarification, revision, or further advice.

Review of key contract terms

Identification of potential risk areas

Discussion of unclear or concerning clauses

Practical guidance on next steps

Opportunity to ask contract-related questions

Discussion of whether further legal support may be needed

This content is for informational purposes only and does not constitute legal advice. Legal advice depends on your specific circumstances.

Why Contract Reviews Matter

Contracts often shape rights, responsibilities, financial exposure, timelines, and business relationships. Reviewing a contract before signing can help reduce uncertainty and support more informed decision-making.

For businesses and professionals, a contract review may help identify issues before they become disputes. It can also help clarify expectations and ensure that the agreement better reflects the actual relationship.

Frequently Asked Questions

Do I need a contract review before signing?

If the contract affects your business, work, payment, obligations, liability, confidentiality, or long-term relationship, a review may help you understand the terms before you commit.

Can generic contracts be risky?

Yes. Generic contracts may miss terms that are important to your business or may include clauses that do not fit your actual arrangement.

Can I ask questions during the consultation?

Yes. The consultation is intended to help you raise concerns, understand key terms, and discuss practical next steps.

Does this create a lawyer-client relationship?

A lawyer-client relationship is only established when Kedge Anchor Law confirms representation in accordance with its intake and engagement process.

Book a Contract Review Consultation

If you are preparing to sign, renew, or rely on a contract, a consultation can help you better understand the risks, obligations, and next steps.

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Contract Review Guidance