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Wrongful termination, also known as wrongful dismissal, refers to a situation where an employer terminates an employee's contract of employment without ample cause or without appropriate notice. In Edmonton, Canada, the Employment Standards Code is the provincial legislation governing this area of law. Employees who feel they've been unjustifiably terminated from their job can seek legal redress based on this legislation.
An experienced wrongful termination lawyer can help you understand your rights, the legal processes involved, and the best possible recourse in your particular circumstances. You might need a lawyer if you feel you have been fired without just cause, haven't been provided with a reasonable notice period, or if your severance package seems inadequate. Furthermore, if your dismissal involves any form of discrimination, a lawyer can help you file a discrimination claim under the Alberta Human Rights Act.
In Edmonton, the rule is that all employees are entitled to a notice before being let go, unless there's a just/reasonable cause. As per Employment Standards Code, employees are eligible to a minimum notice period or pay in lieu, the length of which is dependent on the duration of employment. For cases like constructive dismissal or discriminatory dismissal, other laws such as the Alberta Human Rights Act may come into play.
Any employment termination that violates the terms of an employment contract, Alberta's employment standards, or basic human rights can be considered wrongful termination.
Yes, if you believe you have been terminated unlawfully, you can file a lawsuit against your employer seeking compensation for lost wages and other damages.
You need to demonstrate that your dismissal was egregious, unfair, punitive, or dishonest, or that it violated the terms of your employment contract or the provincial law.
You should file your lawsuit as soon as possible. There are limitation periods that apply - generally, you have 2 years from the date of your termination to file your claim in court.
Usually, you may be able to recover lost wages, benefits, bonuses, and sometimes, additional damages caused by the employer's misconduct.
The Alberta Employment Standards Code and the Alberta Human Rights Act are essential legal texts for understanding wrongful termination. You may also refer to The Law Society of Alberta and Alberta Labour relations board for additional support and resources.
If you believe you have been wrongfully terminated, gather all related documents such as your employment contract and termination notice. Then, reach out to a reputable wrongful termination attorney in Edmonton. They can help you navigate through the complex legal proceedings and bring your case to a successful resolution.
