What should I do if I believe I was wrongfully terminated from my job in Edmonton
If you believe you have been wrongfully terminated from your job in Edmonton, it is crucial to take the right steps to protect your legal rights and seek appropriate compensation. Wrongful termination occurs when an employer dismisses an employee in violation of their legal rights, such as breaching an employment contract, terminating without proper notice, or discriminating against the employee. Here’s a step-by-step guide on what you should do if you find yourself in this situation.
1. Understand Your Termination
The first step is to determine the reason for your termination. Alberta follows a system where employers can dismiss employees with proper notice or severance pay unless the termination is for just cause. If your employer fired you without proper notice, severance, or for a reason that violates employment laws, it might be a wrongful dismissal.
Some common wrongful termination scenarios include:
- Termination without notice or severance when no misconduct occurred.
- Dismissal based on discrimination (race, gender, age, disability, etc.).
- Retaliation for whistleblowing or asserting workplace rights.
- Breach of an employment contract’s terms regarding dismissal.
2. Review Your Employment Contract
Your employment contract outlines your rights and obligations, including termination terms. Check if your employer has followed the correct procedures for dismissal. If there is a violation, you may have grounds to pursue a claim for wrongful termination.
3. Document Everything
Gather all relevant documents related to your employment, including:
- Offer letter and employment contract.
- Termination letter or email.
- Pay stubs and records of benefits.
- Any communication about your termination.
- Witness statements (if applicable).
Having thorough documentation can strengthen your case when consulting a lawyer.
4. Seek Legal Advice from an Employment Lawyer
Consulting an employment lawyer in Edmonton is one of the most crucial steps. An experienced lawyer can:
- Evaluate whether you were wrongfully dismissed.
- Assess your entitlement to severance pay or compensation.
- Negotiate a settlement with your employer.
- Represent you in legal proceedings if necessary.
Many employment lawyers in Edmonton offer free consultations, allowing you to understand your options before committing to legal action.
5. File a Complaint or Legal Claim
If negotiations with your employer do not lead to a fair resolution, you may need to file a complaint with:
- Alberta Human Rights Commission (if discrimination was involved).
- Employment Standards Branch (for violations of employment law).
- Court (civil lawsuit) for wrongful dismissal claims beyond basic employment standards.
Your lawyer will help you determine the best course of action.
6. Consider Alternative Dispute Resolution
In some cases, mediation or arbitration may help resolve disputes without going to court. These methods can save time and legal costs while reaching a fair settlement.
7. Know Your Time Limits
There are strict deadlines for filing wrongful dismissal claims in Alberta. Typically, you have two years to file a civil claim, but other complaints (e.g., human rights violations) may have shorter deadlines. Acting quickly ensures you don’t lose your right to compensation.
Conclusion
Wrongful termination can be stressful, but understanding your rights and taking the right steps can help you seek justice. By reviewing your termination, consulting an Edmonton employment lawyer, and pursuing legal action if necessary, you can protect your career and financial future.
