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Wrongful Dismissal Lawyers Calgary: Do you know your rights?

Wrongful Dismissal: Do you know your rights?

Consider this:

  • You were just fired from your job.
  • Did your employer give you adequate notice?
  • Did they make false allegations against you?
  • What about fair severance?
  • Did they let you go due to COVID-19 without any compensation or warning?

If any of the above scenarios sound familiar, you could be facing wrongful dismissal.

Award-Winning Employment Legal Support for Employees Only

Losing your job is stressful enough… But if you are not provided with the notice and the compensation you are entitled to, the situation is even worse.

If you suspect wrongful dismissal is at play in your termination, we strongly recommend you seek guidance and support of an experienced Calgary employment lawyer. These situations can be complicated, and businesses will often try to convince staff to sign documents that exempt them from the entitlements they deserve.

If you feel wrongful dismissal has impacted you, do not sign anything and reach out to one of our competent and approachable Calgary employment lawyers today.

You have rights you may not even know you have. We’re here to help you uncover them.

What is wrongful dismissal?

Wrongful dismissal, also called wrongful termination, is when an employer fires an employee without a legal reason to do so. In short, the employer fails to protect the legal rights of the employee. It’s a breach of common employment law standards.

You might have been wrongfully dismissed if one of the following applies to your situation:

  • You were fired based on false allegations
  • You were not given reasonable notice or your employer fails to pay the full amount you have a right to upon the termination of your employment (such as severance, notice period pay, vacation pay, or your final pay)
  • The terms of your employment contract were changed without your agreement.

These cases are obscenely common, especially in the current landscape of COVID-19. Many businesses have been forced to downsize, and are unable to keep their full staff. Even in these very unusual circumstances, there is still very clear legislation that outlines what rights Calgarians have when facing dismissal.

Adequate notice and termination pay: what you deserve

When you are let-go, your employer is obligated to provide you with a termination notice. The amount of notice required is determined by the length of your employment:

The minimum notice periods defined by the Alberta Employment Standards Code (Section 56) are as follows:

  • 1 week – if you were employed for less than 2 years (but more than 90 days)
  • 2 weeks – if you were employed for less than 4 years (but a minimum of 2)
  • 4 weeks – if you were employed for less than 6 years (but a minimum of 4)
  • 5 weeks, if you were employed for less than 8 years (but a minimum of 6)
  • 6 weeks – if you were employed for less than 10 years (but a minimum of 8)
  • 8 weeks – if you were employed for 10 years or more

An employer may request that the employee does not work during their termination notice period. In these instances, termination pay (also known as pay-in-lieu) would be expected. This amount would be the equivalent pay to what the employee would earn if they had worked through their notice period. In some cases, employers will offer a combined notice and pay-in-lieu depending on their unique circumstances.

Facing wrongful dismissal? Find lawyers exclusive to employees

The lawyers of Osuji & Smith will take the time to listen to your story, offer options based on your background and experience, and suggest a plan to move forward.

If you are facing wrongful dismissal, we can effectively negotiate terms with your employer. If negotiations don’t produce the desired result, we can file your claim.

Do not wait to schedule an appointment with us. Call us at 403-283-8018 or fill out the online contact form for more details.

Calgary Lawyers for Employees Only: We Speak Your Language

As the 4X recipient of the Top 3 Best Employment Lawyers in Calgary, Osuji & Smith Lawyers have been recognized for our significant contributions in the Calgary workplace.

We speak English, Igbo, Mandarin, Cantonese, Bengali, Spanish, Japanese, Korean, French, Hindu, Punjabi, and Urdu.

Osuji & Smith has just won the 2021 Three Best Rated for Best Rated Employment Lawyers in Calgary. This is our fifth win having won it in 2017, 2018, 2019, and 2020. We have also won the 2021 Three Best Rated for Best Rated Business Lawyers in Calgary for 2021. This is our third win having won it in 2019 and 2020. Osuji & Smith has also won the Three Best Rated for Best Rated Divorce, Civil Litigation, and Estate Planning Lawyers in Calgary. We have also won the 2021 Top Choice Award for Business Services in Calgary and the Hope Awards, Aspen, among other awards.

Do you have a case of wrongful dismissal? REQUEST A CONSULTATION

Osuji & Smith Lawyers is known for its friendly team of legal professionals. We are client-focused and also driven to produce practical results for you.For years, our clients have trusted our experience and skill in solving their legal matters. Our skill is based on knowledge of the law and our ability to interpret it depending upon the facts of each case. Our dedicated team of lawyers is constantly striving to find unique resolutions for your complex issues. Our office is conveniently located in Kensington close to downtown Calgary, Alberta. For easy access, we also have free parking available for our clients.

What People Say About US


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Charles Osuji has been my legal advisor for some time. From the first day I met with Charles I came to conclusion that being brilliant and respectful has nothing to do with race or colour of skin. If you need a smart, efficient, competent, hardworking and professional lawyer, Charles embodies all these qualities. Charles is very patient, considerate, hardworking lawyer that works 24/7 for the best interest of his client. He has been handling all my legal matters and had done an amazing job. He works with a dynamic and friendly team. I highly recommend him and his law firm Osuji & Smith Lawyers.


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