Finding a good workplace can be quite the ordeal. Most of the time people will either not care much about their workplace – they are neutral about it – or they act cautiously towards their co-workers or managers. An Employment Lawyer Calgary will be your best line of defense when dealing with the employment issues we are going to talk about.

Dealing with relationships in the workplace is linked to it, sometimes you will have co-workers you like to work with and others you do not. The problem lies when this delicate web of relationships has the manager or people who have the power to fire you involved. If your manager starts to dislike you for any reason, they may start to do things to make you quit, or just straight out fire you with no reason.

This is unlawful, of course, and because of our worker’s rights in Canada, we are protected against unlawful termination – or wrongful termination.

On the next following topics let us look over more about wrongful termination, what defines it, examples, and what it means to you legally.

What Defines Wrongful Termination

Wrongful Termination is more commonly referred to as "wrongful dismissal". It refers to a wrongful termination of employment and it can take different forms, such as failing to provide the required notice or pay in lieu of notice, or terminating your employment without having a valid reason to do so. Furthermore, there is “Constructive Dismissal”,  which is another term for wrongful dismissal.

When you are fired from your job, you as the employee are entitled to your rights as a worker in Canada. This covers your pay, benefits including insurance, retirement and pension. This means that if you are fired from a job suddenly, your management is expected to provide you with notice and/or a severance package that includes any wages and benefits you would have otherwise received from your employment if your employer had provided you with the legally needed notice.

There are, regrettably, many different types of employers. You might run into a very good one who will uphold all of your legal rights, but you might also run into more dishonest ones who will invent an excuse to deny you of them just so they do not have to pay you and therefore save the company’s money. Having a lawyer with you will help ensure that your rights are being safeguarded with your best interests in mind. Do not presume they have just cause just because they said so, always consult an employment lawyer.

It is considered just cause when you give your employer a reason to terminate your employment. Examples vary, but some are theft, harming your employer's interests, and degrading the name of the business or your employer. In those situations the company you work for does not have to provide you with any compensation or notice if you were fired for good reason, but they will have to provide evidence to support their claims.

It is important to stress that “unjust dismissal” is something else, it regards employees working for federally regulated companies and uses the Canada Labour Code.

Constructive Dismissal and Its Differences

While a form of wrongful dismissal, this is categorized by an effort from management to make you quit by creating a hostile environment. Those cases are hard to navigate because it can be hard to collect evidence of the practice, but an experienced employment lawyer can help you with it.

Companies or employers may attempt constructive dismissal by altering key elements of your employment contract; and if you reject the change, you will be fired. It might sometimes be extremely clear, like a pay cut, but other times it can be subtler, like a shift in tasks and responsibilities, alienation from social groups, harassment, etc.

Due to the tricky nature of constructive dismissal, it is highly recommended you assess the situation critically with lawyers in Calgary – sometimes more than one so you can have multiple perspectives from different professionals and find one that you trust.

Examples of Wrongful Dismissal

There are different situations in which you may have been wrongfully terminated. Some examples can be termination due to retaliation. If you filed a complaint with Human Resources for any reason, such as harassment, against someone with influence in the company, they might try to retaliate and get you fired for it. This is a case of wrongful dismissal that may even have caused emotional distress.

In some instances, you may work together with a partner, and one of you may have influence to terminate someone’s job. If the relationship ends and either you or they are terminated without the proper notice and compensation – or a hostile environment is created where they are picked on – there is room to file for wrongful dismissal and it can be a strong case with the argument that the termination was done out of revenge due to the end of the relationship.

Other examples can be more obvious for an employment lawyer to work with. Terminations based on discrimination are unlawful and are usually easier to navigate. In Canada it is discrimination to terminate an employee due to their age, gender identity, race, disability, religion, or sexual preference.

Wrongful terminations are a difficult situation to deal with emotionally. Not only have you lost your job, but it has happened in an unlawful and unfair way. If you believe you have been a victim of wrongful termination, consult an employment lawyer you trust, and that has dealt with this type of situation before. The same applies if you believe you are being a victim of constructive dismissal. Gather evidence, talk to other employees and document any kind of harassment or changes in your tasks and responsibilities so you can bring it to your employment lawyer in Calgary.

Wrongful terminations must be tackled, it is not only your rights as a worker in Canada, but it also shows that companies cannot and should not do as they please, especially when it regards someone’s livelihood.