Best Wrongful Termination Lawyers in Davidson

About Wrongful Termination Law in Davidson, Canada

Wrongful termination, often called wrongful dismissal in Canada, happens when an employer ends an employee’s job in a way that breaks the law or the employment contract. In Davidson, Saskatchewan, most workers are governed by provincial law under The Saskatchewan Employment Act. A termination can be wrongful if the employer fails to provide the correct amount of working notice or pay in lieu, dismisses for a discriminatory or retaliatory reason, changes fundamental terms of employment leading to constructive dismissal, or claims just cause without having a legally sound basis.

There are two main legal pathways in Canada. A common law wrongful dismissal claim focuses on whether you received reasonable notice or pay in lieu. Separate statutory protections apply to issues like discrimination, safety reprisals, or unpaid wages. Employees in federally regulated sectors such as banks, airlines, telecommunications, rail, and interprovincial trucking might fall under the Canada Labour Code, which includes an unjust dismissal process that can lead to reinstatement for eligible non managerial employees.

Why You May Need a Lawyer

Termination is often stressful and time sensitive. A lawyer can explain your rights, evaluate whether you were provided the correct notice or severance, and negotiate a better package. Legal help is especially useful if your employer alleges just cause, if you received a temporary layoff that may amount to termination in Saskatchewan, if you believe the decision was discriminatory or a reprisal for asserting legal rights, or if your compensation includes commissions, bonuses, stock awards, or benefits that are often overlooked in offers.

Legal advice is also critical if you are asked to sign a release in exchange for payment, if you are part of a group termination, if you work in a federally regulated industry where the unjust dismissal regime might apply, or if you are unionized and must use a grievance process. Early advice helps you avoid missing short limitation periods and protects your ability to collect Employment Insurance while you pursue claims.

Local Laws Overview

The Saskatchewan Employment Act sets out minimum termination standards. After 13 consecutive weeks of employment, most employees are entitled to advance written notice or pay in lieu. The statutory minimum notice owed by an employer is one week if employed more than 13 weeks but less than 1 year, two weeks after 1 year but less than 3 years, four weeks after 3 years but less than 5 years, six weeks after 5 years but less than 10 years, and eight weeks after 10 years or more. Employers can provide working notice, pay in lieu, or a combination. These are minimums only. At common law, many employees are entitled to more notice or pay in lieu based on factors like age, length of service, position, availability of comparable work, and the circumstances of termination.

There is no separate provincial statutory severance in Saskatchewan beyond notice or pay in lieu, but settlement packages often use the term severance to describe a total payment that may include statutory amounts plus additional compensation for common law reasonable notice. Benefits and variable pay may form part of damages in a wrongful dismissal claim, depending on your plan language and past practice.

Just cause is a high legal standard. It usually requires serious misconduct such as dishonesty, gross insubordination, or repeated misconduct after clear warnings. Poor performance without a proper and fair performance management process seldom meets the test. Employers bear the burden to prove cause.

Constructive dismissal occurs when an employer unilaterally makes a substantial change to essential terms of your job, such as a significant pay cut, major demotion, or relocation not allowed by your contract. You may be able to treat the relationship as terminated and claim notice or pay in lieu, but you should seek legal advice before resigning.

Temporary layoffs are not automatically permitted in Saskatchewan unless authorized by a contract or collective agreement or by law. Without proper authority, a layoff may be viewed as a termination triggering notice obligations. Special group or mass termination rules can apply to large layoffs, and employers may have added duties in those cases.

The Saskatchewan Human Rights Code, 2018 prohibits termination because of protected characteristics such as race, sex, pregnancy, gender identity, disability, age, religion, family status, marital status, color, ancestry, place of origin, and more. Protected activity related to occupational health and safety, including refusing unsafe work or raising safety concerns, is also safeguarded by anti reprisal provisions. Remedies can include compensation and sometimes reinstatement.

Federally regulated employees who are non managerial and have 12 or more months of continuous service may access an unjust dismissal process under the Canada Labour Code, which can lead to reinstatement or compensation. There are short deadlines for these complaints.

Limitation periods matter. Civil wrongful dismissal claims in Saskatchewan are generally subject to a 2 year limitation period from when you knew or ought to have known of the claim. Human rights complaints typically must be filed within 1 year. Canada Labour Code unjust dismissal applications must be filed quickly, often within 90 days. Employment standards wage claims and reprisal complaints also have strict timelines. Get advice promptly to protect your rights.

Frequently Asked Questions

What is wrongful termination in Saskatchewan?

Wrongful termination usually means your employer ended your employment without just cause and without providing the proper working notice or pay in lieu required by law or by your contract. It can also include constructive dismissal, discriminatory termination, or reprisals for exercising legal rights.

How much notice or severance am I owed?

At a minimum, the Saskatchewan Employment Act sets notice or pay in lieu based on service length after 13 weeks. Many employees are owed more under common law reasonable notice, which depends on factors like your age, role, years of service, and job market conditions. A lawyer can estimate a realistic range and compare it to your offer.

Can my employer fire me without any notice?

An employer can dismiss without notice only if it has just cause, which is a high bar. If you have worked for less than 13 weeks, statutory notice is not required, though common law rights can still be relevant in some cases. If you are let go without just cause after 13 weeks, your employer must provide working notice, pay in lieu, or both.

What if my employer says it has just cause?

Employers often overstate cause. You may still be entitled to compensation if the allegations do not meet the legal standard. Do not resign and do not sign anything without advice. Gather documents, emails, performance reviews, and your contract, and seek legal help quickly.

I received a temporary layoff. Is that allowed in Saskatchewan?

Temporary layoffs are not automatically allowed under provincial law unless permitted by contract, a collective agreement, or specific legal provisions. Without proper authority, a layoff may amount to termination that triggers notice or pay in lieu. Get advice promptly to avoid missing deadlines.

What if I was let go for discriminatory reasons?

It is illegal to fire someone for reasons tied to protected grounds under The Saskatchewan Human Rights Code, 2018, including pregnancy, disability, age, race, religion, gender identity, family status, and more. You can seek remedies through the Saskatchewan Human Rights Commission and potentially pursue damages for lost income and injury to dignity.

Do I have rights during probation?

Yes. While statutory notice is not required before 13 weeks of employment, employers must still act in good faith and cannot terminate for discriminatory or reprisal reasons. Contract terms about probation must be clear and enforceable.

Should I sign a release to get my severance?

Employers often condition extra payments on signing a full and final release. Do not sign until a lawyer reviews it. You may be giving up valid claims in exchange for less than you are owed. There is often room to negotiate timelines, amounts, benefits continuation, and references.

What deadlines apply to my case?

Deadlines vary. Civil wrongful dismissal claims generally have a 2 year limitation period in Saskatchewan. Human rights complaints are typically due within 1 year. Some federal unjust dismissal claims must be filed within about 90 days. Wage and reprisal complaints also have strict time limits. Act quickly.

Am I eligible for Employment Insurance if I was fired?

You can usually apply for Employment Insurance after termination. If the employer alleges misconduct, your eligibility may be impacted, but that determination is made by Employment Insurance officials, not your employer. Apply promptly and keep records of the circumstances of your dismissal.

Additional Resources

Saskatchewan Employment Standards Division within the Ministry of Labour Relations and Workplace Safety can help with minimum standards such as termination pay, unpaid wages, and vacation pay. The Occupational Health and Safety Division addresses safety reprisals and unsafe work concerns. The Saskatchewan Human Rights Commission receives discrimination complaints related to employment.

Federally regulated employees can contact the Labour Program of Employment and Social Development Canada regarding unjust dismissal and federal labour standards. Service Canada handles Employment Insurance and Records of Employment issues. The Public Legal Education Association of Saskatchewan provides accessible legal information. The Law Society of Saskatchewan can help you find a lawyer. The Saskatchewan Workers’ Compensation Board may be relevant if injury or return to work issues are connected to your dismissal.

Next Steps

Write a clear timeline of events including hiring, promotions, performance reviews, any warnings, and what was said during termination. Collect your employment contract, policies, pay stubs, bonus plans, benefits summaries, emails, and the termination or layoff letter. Do not sign a release or accept a package without advice.

Confirm whether you are provincially regulated under The Saskatchewan Employment Act or federally regulated under the Canada Labour Code, since processes and remedies differ. Apply for Employment Insurance promptly. Calendar key deadlines, including possible 90 day windows for some complaints and the general 2 year civil limitation period in Saskatchewan.

Consult an employment lawyer who practices in Saskatchewan to assess your entitlements and strategy. Your lawyer can negotiate a better settlement, guide you through a complaint to the Saskatchewan Employment Standards Division or Saskatchewan Human Rights Commission, or file a civil claim if needed. Timely action improves outcomes and helps protect your financial and legal interests after a termination in or around Davidson.