Losing a job, whether through termination or layoff, can be a challenging and confusing experience. However, employees in Alberta have legal rights that protect them from unfair treatment. Understanding these rights is crucial, and an employment lawyer can help ensure that you receive fair compensation and are treated in accordance with Alberta’s employment laws.
Understanding Termination vs. Layoff
Before discussing your rights, it’s important to differentiate between a termination and a layoff:
- Termination: When an employer ends your employment permanently, either with or without cause.
- Layoff: A temporary suspension of employment, where the employer may recall you to work at a later date. If the layoff extends beyond the legal time limit, it may be considered a termination.
Your Rights Upon Termination
Alberta’s Employment Standards Code (ESC) sets out clear rules about how employees should be treated upon termination. Here’s what you need to know:
1. Notice or Pay in Lieu of Notice
If you are terminated without just cause, your employer must provide either advance written notice or pay in lieu of notice (commonly known as severance pay). The length of notice depends on your length of service:
- 90 days to 2 years: 1 week of notice or pay
- 2 to 4 years: 2 weeks of notice or pay
- 4 to 6 years: 4 weeks of notice or pay
- 6 to 8 years: 5 weeks of notice or pay
- 8 to 10 years: 6 weeks of notice or pay
- 10+ years: 8 weeks of notice or pay
These are the minimum requirements under Alberta law. Many employees are entitled to more compensation under common law, especially professionals or long-term employees. An employment lawyer can assess whether you are entitled to a higher severance package.
2. Just Cause Termination
If an employer claims “just cause” for termination, they do not have to provide notice or severance. However, proving just cause is difficult and often contested in court. Common reasons for just cause termination include:
- Serious misconduct (theft, fraud, harassment)
- Repeated workplace violations after warnings
- Willful neglect of duties
If you believe you were fired under false or exaggerated just cause claims, an employment lawyer can challenge this and fight for your severance rights.
Your Rights If You Are Laid Off
A temporary layoff is different from termination. In Alberta, an employer can lay off an employee for a maximum of 90 days within a 120-day period. If you are not recalled within this period, your employment is considered terminated, and you are entitled to termination pay.
If you are laid off repeatedly, an employment lawyer can help determine whether your employer is using layoffs to avoid termination obligations.
Employment Lawyer’s Role in Protecting Your Rights
An employment lawyer can assist in the following ways:
- Reviewing Severance Packages: Employers often offer minimal severance to cut costs. A lawyer ensures you get fair compensation.
- Challenging Just Cause Termination: If an employer wrongfully claims just cause, a lawyer can dispute this in court.
- Negotiating Better Compensation: A lawyer can help you negotiate a higher severance payout, especially if your contract entitles you to more than the minimum legal requirements.
- Filing a Wrongful Dismissal Claim: If you were unfairly terminated, a lawyer can help you sue for damages.
Conclusion
Employees in Alberta have strong legal protections when it comes to termination and layoffs. If you have been dismissed from your job, consulting an employment lawyer can help you secure fair compensation and protect your rights.
