When a Job Ends Unfairly: Understanding the Impact
Losing your job can be one of the most stressful experiences in life. Beyond the immediate financial concerns, there’s often a sense of confusion, frustration, and uncertainty about what comes next—especially if your dismissal feels unfair. At Abougoush Law, we understand the emotional toll of job loss and are here to ensure that your rights as an employee in Alberta are protected.
In this guide, we’ll walk you through everything you need to know about unjust dismissal claims in Alberta, and how to take the right steps toward justice and compensation.
What Is an Unjust Dismissal?
In Alberta, unjust dismissal typically applies to federally regulated employees—such as those in banking, telecommunications, or transportation—who have completed at least 12 consecutive months of employment. Governed by the Canada Labour Code, an unjust dismissal occurs when an employer terminates an employee without just cause and fails to follow procedural fairness.
For provincially regulated employees (the majority in Alberta), the terms “wrongful dismissal” and “constructive dismissal” are more commonly used, and these are governed by Alberta’s Employment Standards Code and common law principles.
Unjust Dismissal vs. Wrongful Dismissal: What’s the Difference?
Understanding the distinction is crucial:
- Unjust Dismissal (Federal): Applies to employees under the Canada Labour Code. It refers to dismissals made without cause or due process.
- Wrongful Dismissal (Provincial): Occurs when an employee is fired without reasonable notice or severance in accordance with Alberta employment law.
Though the terms are often used interchangeably, they apply to different legal frameworks and offer distinct remedies.
Step-by-Step: What to Do If You’ve Been Unjustly Dismissed
Review Your Employment Status
- Confirm whether you’re federally or provincially regulated.
- Gather your employment contract and termination letter.
Document the Circumstances
- Note the details of your dismissal: dates, reasons given, conversations had, etc.
Seek Legal Advice Promptly
- Contact an Edmonton employment lawyer to assess your case.
File a Complaint (If Federally Regulated)
- Complaints must be filed within 90 days of termination under the Canada Labour Code.
Negotiate or Litigate
- Your lawyer may negotiate a settlement or initiate a complaint or lawsuit for reinstatement, compensation, or severance pay.
What Are the Time Limitations?
Timing is critical when pursuing an unjust dismissal claim. Here are the key deadlines:
- Federally regulated employees: Must file within 90 days of dismissal.
- Provincially regulated employees (pursuing wrongful dismissal): Must file a claim within 2 years under Alberta’s Limitations Act.
Missing these deadlines could forfeit your right to claim compensation.
Remedies and Compensation: What Can You Receive?
Successful unjust dismissal claims can lead to:
- Reinstatement to your former position
- Compensation for lost wages and benefits
- Severance pay (if applicable)
- Punitive damages in rare, egregious cases
Each case is unique, and a lawyer will help determine the best path forward.
A Lawyer’s Insight: Common Misconceptions
“Many employees think they have no recourse if they’re not part of a union or if their employer says it’s a ‘layoff.’ That’s not always true. Employers can’t just terminate without cause and avoid their legal obligations. We often see clients assume they’re powerless when in fact, they have strong legal rights.”
— Omar Abougoush, Managing Partner, Abougoush Law
FAQs: Unjust Dismissal in Alberta
Q1: Can I claim unjust dismissal if I was fired during probation?
A1: No. Probationary periods often include terms that limit your rights to claim unjust dismissal.
Q2: What if I resigned under pressure?
A2: You may have a constructive dismissal case if your employer created an intolerable work environment.
Q3: Will I have to go to court?
A3: Not necessarily. Many claims are settled through negotiation or administrative complaint processes.
Q4: Is severance pay mandatory?
A4: It depends on your contract, tenure, and applicable legislation. Always consult a lawyer.
Q5: What if I already signed a termination agreement?
A5: You may still have options. If signed under pressure or without full information, the agreement could be challenged.
Take Action Today: Your Rights Deserve Protection
Facing an unjust dismissal can be overwhelming, but you don’t have to go through it alone. At Abougoush Law, we specialize in employment law consultation in Edmonton and fight to protect employees just like you. Whether you’re unsure about your severance package or considering legal action, we’re here to help you understand your options.
👉 Book your free consultation today
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This article is for general information purposes only and does not constitute legal advice. To discuss your specific situation, please reach out to Abougoush Law directly.
