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Advice on Labour Standards

I asked this question before but I don’t think it got posted.

I was let go from my job in September without just cause and I am wondering how to proceed with a wrongful termination suit.

I have filed a complaint with the labour board, but I see online lots of cases where the person got thousands of dollars as a settlement.

ANOTHER GREAT POST:  New Baby and on Alberta Works

Is that through the labour board or did they get a lawyer and file a suit in court? or do I file a civil suit myself?

Any information or experience in this type of situation would really help me out.

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23 Responses

  1. Susan Csapo Susan Csapo says:

    Contact human rights ..

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  2. Get a lawyer and ask him or her for advise. Unless the person’s HUMAN RIGHTS have been violated they don’t file a human rights complaint!

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  3. Lyn Hessels Lyn Hessels says:

    Employment Standards/Labor Board /Human Tights can only pursue a set amount and do not deal with “wrongful dismissal”. they simply look at “with or without cause”. Wrongful Dismissal is a legal term that must be addressed in civil court. It pursues remedies for more or less intangibles or things you may have been entitled to had you not been terminated. Check with the law society for lawyers familiar with or specializing in labor law. Lawyers are not cheap so I would recommend a. consultation first to see if what remedy you are seeking is worth pursuing.

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  4. Kara Henry Kara Henry says:

    Ok so firstly, did they provide you with termination pay (aka severance)? If they didn’t, or if they didn’t meet the minimum standard as set by Alberta Employment Standards (https://work.alberta.ca/employment-standards/termination-and-termination-pay.html), then you’ll need to file a complaint with Employment Standards.

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  5. Why bother suing? Take it as chance to seek out new career opportunities. Everything happens for a reason. Take it as a blessing in disguise and an opportunity to gain new skills.

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  6. Chris Dumais Chris Dumais says:

    Everyone out for free money. You probably sucked at the job. Find a new one and shut up.

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  7. look at your Roe slip what ever is posted on there will dictate what you will get unless you were given a package and had to sign a waver.

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  8. Win Chan Win Chan says:

    You’re probably better off just looking for work meanwhile as you sort this out. Don’t defer your job search.

    That being said a lot of employers make you sign a hiring contract with a clause giving them the right to terminate your employment at any time… sucks.

    If that doesn’t apply to you get some legal advice. Most lawyers will give you a quick free consultation and let you know if they can help or not.

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    • Lyn Hessels Lyn Hessels says:

      No matter what you sign the employer must still meet minimum employment standards. No employer can have you waive your rights under the law. There is NO job protection anyways only a requirement to pay severance in lieu of required notice when you are let go after 3 months without cause.

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    • Win Chan Win Chan says:

      A lot of false information in the responses. We don’t know whether the employer is meeting minimum employment standards in this case. They could let you go without just cause. Severance is not always required, but then without any, notice would be. The defendant would have to prove that the employer is dismissing him/her on (legally) wrongful grounds… where then he/she’s better off getting legal advice. It doesn’t hurt to talk to a good lawyer; many will provide a free consultation.

      “Generally, an employer has the right to end the employment of an employee at any time, as long as they provide the required length of notice or pay in lieu.

      The major exception is where the dismissal is in violation of human rights legislation…

      …an employer may end the employment of an employee by giving them:
      termination notice,
      termination pay, or
      a combination of termination notice and termination pay”:

      https://work.alberta.ca/employment-standards/termination-and-termination-pay.html

      I had a similar issue; the manager was a short salesman with a fear-mongering “small man syndrome” who constantly told employees they were easily replaceable and should be grateful just to have a job. He decided to replace me with his soon-to-be nephew who’d do my job for $22/hour in the oilsands with only half of each month of employment. There was no just cause useable so I got a week’s notice and a month’s salary severance; it was outlined in my contract they could terminate my employment at anytime. In that case I just took the money and found another job in a couple weeks.

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    • Win Chan Win Chan says:

      A lot of false information in the responses. We don’t know whether the employer is meeting minimum employment standards in this case. They could let you go without just cause. Severance is not always required, but then without any, notice would be. The defendant would have to prove that the employer is dismissing him/her on (legally) wrongful grounds… where then he/she’s better off getting legal advice. It doesn’t hurt to talk to a good lawyer; many will provide a free consultation.

      “Generally, an employer has the right to end the employment of an employee at any time, as long as they provide the required length of notice or pay in lieu.

      The major exception is where the dismissal is in violation of human rights legislation…

      …an employer may end the employment of an employee by giving them:
      termination notice,
      termination pay, or
      a combination of termination notice and termination pay”:

      https://work.alberta.ca/employment-standards/termination-and-termination-pay.html

      I had a similar issue; the manager was a short salesman with a fear-mongering “small man syndrome” who constantly told employees they were easily replaceable and should be grateful just to have a job. He decided to replace me with his soon-to-be nephew who’d do my job for $22/hour in the oilsands with only half of each month of employment. There was no just cause useable so I got a week’s notice and a month’s salary severance; it was outlined in my contract they could terminate my employment at anytime. In that case I just took the money and found another job in a couple weeks, as that was the more cost-effective solution.

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  9. My boss fire me when I was in sick leave then when I told him he couldn’t do that he proceeded saying well I quit when in fact I wasn’t ever clear to go back to work and human rights didn’t do jack and labour board is just a joke in my opinion is now to late to take them to court as has been more then a year so my advise is start looking for a new job and hopefully you have enough money to hire a lawyer but as I was told could cost you over 5000 just to get started. Good luck!

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  10. Jessy Turner Jessy Turner says:

    What does it say on your ROE?

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  11. You can file your own claim for $100 and do it all yourself so easy. Martha Saunders

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  12. Rae Wright Rae Wright says:

    Stephan Theeman Wright

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  13. You can hire a lawyer… but he’s gonna cost money. And don’t be fooled. Unless you were sexually assaulted or you have proof that were let go due to discrimination or what not, you will not get thousands. Your employer will hire a great lawyer to fight it because they can afford it much easier than the average person. They will also make you sign a release if they settle and the terms are very often pretty specific and in some cases ridiculous. You wanna fight the terms with the release, that’s more money you gotta pay your lawyer. You filed a complaint. Save yourself the grief and anger and just move on with your head high and giving them the middle finger behind you. Lol.

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