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Wrongful Dismissal - Sawers McFarlane

One of the most common issues in the field of employment law is that of wrongful termination or wrongful dismissal. In such cases, an employee has lost his or her job, and needs advice about his or her rights and legal options.

In many employment disputes, an employee’s case depends on the circumstances of the termination. Often, the employer’s reason for the termination plays an important role. Many employment cases hinge on whether the employee was terminated “for cause” or “without cause.” Termination without cause (for example, a simple decision that the employee’s services are no longer required) may be legal in some situations, while in others, it crosses the legal line into wrongful dismissal and may be subject to legal action. There are also laws against terminating an employee for discriminatory reasons, and against terminating an employee in retaliation for complaining about discrimination. In cases of termination without cause, an employee’s rights may vary depend on whether the employer provided the employee with adequate severance or advance notice of the termination; often, an employer needs to provide some measure of advance notice before the termination occurs, and may also have an obligation to provide severance pay. This provides the employee with some time and resources to find another job.

Another legal concept related to employee terminations is that of “constructive dismissal.” Constructive dismissal occurs when an employer, without the consent of the employee, changes the employee’s fundamental terms of employment in a way that forces the employee to either accept the new terms or quit. In some constructive dismissal cases, the employee may be able to successfully bring a wrongful dismissal claim against the employer even though the employee resigned or quit.

If you believe you have been unfairly dismissed from your job, you may be able to bring a legal claim against your employer. This can be an expensive and time-consuming process, however, and the laws governing these types of employment disputes can be complex. It is important to consult an experienced employment lawyer to determine the strength of your case before taking further action. In some cases, a lawyer may also be able to explore a negotiated settlement, mediation, or other forms of alternative dispute resolution that can resolve your issue outside of court.

With over 35 years of combined experience in the legal field, the lawyers at Sawers McFarlane are committed to helping clients with their unique employment challenges. The Sawers McFarlane team can provide advice about any labour or employment problem; they have experience representing employees in negotiations, hearings, and employment-related litigation. No matter how complex the case, Sawers McFarlane is there to make sure that your rights are protected and your best interests are served. They have served thousands of clients in the Calgary area and across Western Canada, and have earned a reputation as professional, tenacious, and efficient legal advocates. Sawers McFarlane is located at #920 250 5th Street S.W., Calgary, Alberta T2P 0R4 or they may be reached by calling (866) 790-3221.