Wrongful Dismissal Lawyer in Calgary

Experienced Calgary Wrongful Dismissal Lawyers

Getting fired is a big shock. Even if you saw the signs coming, the actual moment of termination when you hand over your passcard, packing a box, walking out the door, is one of the most stressful events you will ever face. It rattles your finances, your career path, close relationships, and your confidence.

At TZ Law, we know the playbook employers use. They count on you being too shaken to ask questions. They bank on you signing the first paperwork they slide across the table just to get it over with.

That is where we step in.

We are a Calgary-based employment law boutique dedicated to levelling the playing field. The power dynamic in a termination meeting is heavily tilted in the employer’s favor, but the law in Alberta is actually quite protective of employees. The problem is, your employer likely won’t tell you what your full rights are. We will.

Wrongful Dismissal Meaning

There is a massive disconnect in the public awareness between what “wrongful dismissal” sounds like and what it actually means in court.

Most people assume “wrongful” means the reason for the firing was unfair. Maybe your boss didn’t like you, or you were let go to cut costs while the company is still profitable. While that feels unfair, it isn’t necessarily illegal. In Alberta, a company can fire you for almost any reason (or no reason at all), as long as it isn’t discriminatory.

Legally, wrongful dismissal is almost always about the money. It means they fired you without giving you enough advance warning or enough cash to cover that warning period.

There are really only two ways a firing happens:

1. The “Just Cause” Termination – This is the nuclear option. The employer claims you did something so bad, such as theft, fraud, violence, that they can fire you immediately with zero severance. This is incredibly difficult for an employer to prove. We often see employers allege “cause” for minor performance issues just to scare an employee out of asking for severance. If they haven’t proved you broke the trust of the employment relationship fundamentally, they likely owe you money. Termination for cause is an incredible high legal bar and in our experience, the vast majority of cause allegations can be scrutinized as they are either trivial, or that the employer failed to comply with the appropriate procedures. 
2. Without Cause – This is 95% of terminations. The company is restructuring, or “going in a different direction.” They are allowed to do this, but they have to provide advanced notice. Since employers rarely want you to work out a notice period due to concerns about workplace morale, they have to pay you salary in lieu of that time. In most situations, employers will simply offer the lowest severance offer and hope the employee would sign a release relieving them of all legal liabilities. 

Wrongful Dismissal vs Constructive Dismissal

Sometimes, the employee does not actually get fired but the employer just makes it impossible for the employee to stay.

This is called Constructive Dismissal. It’s a legal concept that stops employers from forcing you to quit to avoid paying severance. If your employer unilaterally changes a fundamental term of your employment contract, the law treats it as if they pushed you out the door.

You might be facing constructive dismissal if:

• Your pay was cut – such as a 15-20% drop in salary or a massive change to your bonus formula.
• Demotion or changes in duties and responsibilities. This could be triggered even if you kept your title, but they stripped your direct reports, removed your key duties, or demoted you to a glorified entry-level role.
• Toxic environment – you are being harassed, bullied, or treated so poorly that a reasonable person would feel they had no choice but to leave.
• Forced relocation – the employer told you to move to a different city when your contract never said you’d have to.

Constructive dismissal is very tricky to navigate. If you quit too soon, you get nothing. If you stay too long without complaining, the law says you “accepted” the new terms. You need a strategic paper trail. TZ Law helps you draft the right responses to reject the changes without resigning prematurely, setting up your claim for full severance.

Our Wrongful Dismissal Services

We build a strategy to maximize your exit package. Every dismissal is different, so we tailor our approach to what you need.

• Severance Negotiation: The first offer is rarely the best offer. Employers usually offer a standard amount hoping you won’t push back. We review the offer, identify where they are short-changing you (often on bonuses, benefits, or pension matching), and negotiate directly with them. 
• Litigation: If the employer is unreasonable, we sue. We are experienced litigators who are comfortable filing Statements of Claim and arguing your case in the Alberta courts. Often, the mere filing of a claim convinces an employer to settle.
• Human Rights Claims: If you were targeted because of your age, a disability, a pregnancy, or your race, that adds a layer of complexity. We handle complaints through the Alberta Human Rights Commission alongside your dismissal claim to pursue damages for injury to your dignity.
• Executive Exit Strategies: For senior leaders, a T4 doesn’t tell the whole story. We analyze complex compensation: RSUs, stock options, LTIPs, and change-of-control clauses. We ensure the valuation of your notice period includes everything you earned, not just your base salary.

Wrongful Dismissal Compensation

The most common question we hear is “How much can I get?”

The answer isn’t a simple calculation like “1 week per year.” That is the statutory minimum, and it’s usually pennies compared to what the Common Law provides.

Judges in Alberta use the Bardal Factors to determine what is “reasonable.” They are:

1. Length of Service: Yes, longer service usually means more pay. But long-service employees (20+ years) cap out around 24 months of pay (26 months in extreme cases). Conversely, short-term employees often get more than the math suggests because it takes time to find a new job regardless of how long you worked there.
2. Age: This is a major factor. The courts recognize that if you are 55, it is much harder to find a comparable job than if you are 25. Older employees generally receive higher notice awards.
3. Position & Character of Employment: Senior managers, directors, and specialized professionals typically get longer notice periods. If there are only a handful of jobs in Calgary or in the province that match your skillset, the court gives you more time to find one.
4. Economic Climate: If the Alberta economy is in a slump, or your specific industry (like Oil & Gas) is hiring no one, your notice period should be longer to reflect that reality.

What goes into your severance? We fight to ensure your severance includes everything you would have earned if you had kept working:

• Base Salary
• Lost Bonuses and Commissions
• Pension contributions
• Vehicle allowances
• Benefit coverage replacement

Contact TZ Law to Make a Wrongful Dismissal Claim

If you have been let go, or if you feel the walls closing in at work, you need to move fast.

The most important advice we can give you: Do not sign the release in the meeting.

Employers love to put a “deadline” on severance offers, usually 48 hours or a week. They tell you the offer will disappear if you don’t sign. This is a pressure tactic. Legally, you almost always have the right to have a lawyer review it.

At TZ Law, we act immediately. We take the emotion out of the equation and look at the numbers. We will tell you frankly if the offer is fair, or if you are being lowballed.

You generally have two years to file a claim in Alberta, but waiting is a mistake. Evidence disappears, memories fade, and financial pressure mounts.

You focus on your next career move and let us handle the fight. We will focus on getting you the compensation you earned. Contact TZ Law today for a consultation.

Why choose us?