348 14 Street N.W. Calgary, AB T2N 1Z7
An update to our clients about COVID-19 Learn More

Wrongful Dismissal 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 2020 Three Best Rated for Best Rated Employment Lawyers in Calgary. This is our fourth win having won it in 2017, 2018 and 2019. We have also won the 2020 Three Best Rated for Best Rated Business Lawyers in Calgary for 2020. This is our second win having won it in 2019. Osuji & Smith has also been nominated for the 2019 and 2020 Employer Awards for Newcomer Employment, given by the Immigration, Refugees and Citizenship Canada (IRCC). We have also been nominated for the 2019 Hope Awards, Aspen.

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

JENNIFER L.

“Charles was fantastic to work with! He was very professional, made sure I knew my options and supportive to the end. He successfully handled my employment matter and I would hire Charles again if needed.”

KIRSTEN A.

Aniedi Davidson at Osuji & Smith made our experience of incorporating interesting, accessible and hassle free. She took the time required to help us understand the process thoroughly and was very kind and friendly. Incorporating felt like a large task to us and she made it easy! I would highly recommend her services to anyone looking to incorporate their business.

NEDU A.

Quite frankly, Osuji & Smith is the best. Charles and his team handled my Divorce process with ease. Their level of flexibility and professionalism is second to none! Would advise the general public to contact Osuji & Smith for all their legal needs.

RON H.

I would like to thank Nitin Srivastava of Osuji & Smith for his help on my recent case. He was very professional and knowledgeable and helped me to make the proper decision regarding my case. I would recommend Nitin to anyone needing advice on labour and employment law.

MICHELLE R.

My partner and I had a meeting with Charles today. He was very welcoming and so full of knowledge! Not only that but most importantly, honest. He helped us understand our situation and did so without us retaining him and charging us a ton of money! Such a different experience than any other lawyer I had dealt with in the city. He did not make us feel as if we were just a dollar sign and actually seemed to care. That is not common in lawyers. You’re awesome Charles and we would most definitely recommend you to anyone!

JOSEPHINE O.

Charles Osuji has been my legal advisor for some time now. From the first day I met with him, I came to the 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 Osuji embodies all these qualities. Charles is a 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 has done an amazing job. I should note that he works with a dynamic and friendly team. I highly recommend him and his law firm, Osuji & Smith!

FOERSTER D.

I had a great experience with Charles Osuji and his staff! Very professional and friendly and helpful. They are very reasonable with their hourly rates. I highly recommend Charles Osuji and Osuji & Smith to all my friends and anyone out there who is looking for professional help.

CARMELO M.

Had a great experience dealing with Charles. He looked after our best interests and finished our contract in good time. We will be using Osuji and Smith in the future.

CHRIS W.

Osuji and Smith handles all of our personal and business needs and we could not be happier with them. They are always available to answer any questions and provide sound advice. If you are looking for a great law firm, call them and they will take care of you every step of the way.

ROMINA B.

They are Excellent and I had a wonderful experience especially Mr. Charles! He is very friendly and explained us all the outcomes. And we won the case!

GLORIA N.

Charles and Colleen provided me with some legal and real estate services. They are very professional, competent and on time. Their fees are very reasonable too. I highly recommend Charles Osuji and to anyone looking for a competent and knowledgeable lawyer that can resolve your case quickly at a reasonable price. Thanks, Osuji and Smith for the excellent work!

BORIS N.

We hired Charles to help us with Employment law. He was very knowledgeable on the matter, he worked very efficiently and he achieved a favorable result in a short period of time. He was also very reasonable priced. I highly recommend him to anyone in a need of legal advice and services.

OLA F.

I came to Osuji & Smith to review a commercial lease for my new business location. Charles and Alessia thoroughly reviewed my lease with me so that I understood it, and provided me specific notes about the present lease to take back to the landlord. Charles exceeded my expectations by also giving me additional tips on legal contracts on top of sharing some business advice that will be invaluable to the future of my business and my success as a new business owner. I feel the value I received from this office is why I will surely choose them again in the future.

JAMES G.

I worked solely with Charles on an employment case that was very personal to me. From the get go he displayed nothing but the highest standard of respect, knowledge, case fact competency and actually cares about your interest & well being. Always reachable even whilst I was overseas in multiple countries. His consistency, experience, historic reference, and flawless case punctuality are very noticeable in the way he handled every single matter. I can’t thank him enough for his honest work, support, and dealings. Osuji and Smith law-firm is an amazing establishment. Thank you again, Charles.

JOSEPHINE O.

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.

FRANKLIN O.

I have used them once and all I can say is their services are top notch, didn’t have anything to complain about. Hence I will definitely recommend them to friends and family.

SEBA P.

I had the opportunity to have Charles Osuji providing legal services for myself and I can say that he and his team dealt with my matter in a very professional way. They are very responsive and Charles worked even on a Sunday to have my issue solved as soon as possible. Reasonable priced and more than that, he offered me the most cost-efficient alternatives for my case. Highly recommend this law firm.

SARATHY

I hired Charles for a prenuptial agreement. He is amazing from day 1. Unlike other corporate family lawyers, Charles calls you back even after 9 pm and even on a Saturday or Sunday. You can directly talk to Charles anytime unlike other lawyers who are not so easy to talk. His prices are reasonable and he is very professional. I would highly recommend Osuji & Smith for your legal needs.

TERRY T.

I worked with Charles and Colleen for the sale of my old home and the purchase of my new home. They were so wonderful to deal with. Very professional and helpful. I would highly recommend Osuji & Smith for your legal needs!

ANGIE N.

Charles is amazing. He handled my divorce efficiently and professional and put up with some craziness on my part. Would definitely recommend!

Contact