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 | Severance Review Guidance

Your Severance Offer May Not Be The Final Word.

A severance offer presented by an employer may not necessarily represent an employee’s full legal entitlement. Before signing, make sure you understand your rights.

Why Severance Review Matters

Many employees assume that the amount offered by an employer reflects their full legal entitlement. However, severance entitlements may depend on multiple factors.

Employees should carefully review any severance package before signing a release or accepting an offer, as doing so may affect future legal rights.

Factors That May Affect Severance Entitlements

Length of employment

Age

Position and responsibilities

Compensation structure

Availability of comparable employment

Terms of the employment agreement

Termination circumstances

Release and settlement terms

Severance Review Consultation — $250

A confidential one-hour consultation focused on helping employees better understand their severance offer, legal position, potential risks, and available options before making a decision.

Severance offer discussion

Preliminary legal assessment

Employment agreement discussion

Release and deadline review

Risk and options discussion

Strategic next-step guidance

Confidential virtual consultation

“Understanding your legal position before making a decision can help you make informed choices during a difficult transition.”

Before Signing, Consider Whether You Understand

What you are being offered

What rights you may be releasing

Whether deadlines apply

Whether benefits or bonuses are included

Whether the employment contract affects your options

Whether comparable employment may affect the analysis

Whether negotiation may be appropriate

What next steps may be available

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

Frequently Asked Questions

Should I sign a severance offer right away?

It may be beneficial to understand your legal position before signing, especially if the offer includes a release of claims.

Does the employer’s first offer always reflect my full entitlement?

Not always. Severance entitlements may depend on factors such as age, length of service, role, compensation, employment agreement terms, and comparable employment prospects.

What documents should I bring?

Severance offers, termination letters, employment agreements, compensation records, workplace communications, benefit information, and related documents may be helpful.

Is the consultation confidential?

Yes. Lawyer-client confidentiality applies.

Review Your Severance Offer Before You Sign.

Understanding your rights before accepting an offer can make a significant difference.

Book Severance Review Contact Kedge Anchor Law

Severance Review Guidance