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 | Employment & Workplace Law

Has A Lawyer Reviewed Your Employment Contract Or Termination Clause?

Confidential employment law guidance for employees seeking clarity about workplace concerns, termination issues, severance, retaliation, or post-employment obligations.

Many Workplace Problems Start Quietly.

Sometimes the signs are subtle at first. A sudden change in tone. Increased scrutiny. Exclusion from meetings. Unexpected performance concerns. Pressure to resign. Retaliation after raising concerns. Or a severance offer that does not feel right.

Many employees delay seeking legal guidance because they are unsure whether what they are experiencing is “serious enough.” Early legal guidance can often make a significant difference in how workplace situations unfold.

This Consultation May Be Appropriate If You Are

Facing unexpected discipline or a PIP

Concerned about retaliation at work

Feeling pressured to resign

Experiencing a toxic workplace environment

Recently terminated or fearing termination

Unsure whether your severance offer is fair

Concerned about workplace rights and protections

Unsure about obligations in your termination clause

Workplace Rights Review — $250

A confidential one-hour consultation focused on helping you better understand your legal position, risks, and possible next steps.

60-minute consultation

Preliminary legal assessment

Review of available workplace documents

Discussion of possible legal concerns and protections

Strategic next-step guidance

Confidential virtual consultation

“The purpose of the consultation is to provide clarity before important workplace decisions are made.”

Schedule Confidential Review

Why Employees Work With Kedge Anchor Law

Over 23 years of legal experience

Licensed in Alberta and Ontario

Strategic and practical legal guidance

Virtual consultations available

Focused on workplace and employment matters

FAQ

Do I need to wait until I am terminated before speaking with a lawyer?

No. In many situations, obtaining legal guidance earlier may help employees better understand their position and options.

Is the consultation confidential?

Yes. Lawyer-client confidentiality applies.

Will I receive legal advice during the consultation?

The consultation includes a preliminary legal assessment and strategic discussion based on the information available at that stage.

What documents should I bring?

Employment agreements, disciplinary letters, severance offers, workplace communications, and related documents may be helpful.

You Do Not Have To Navigate Workplace Problems Alone.

Book a confidential workplace review with Kedge Anchor Law and get clarity before making important workplace decisions.

Book Confidential Workplace Review

Employment Contract Review