Wrongful Discharge
A wrongful dismissal in Alberta usually occurs when an employee is unfairly dismissed for any of a number of reasons, including discrimination, negligence, breach of contract or other wrong doing. The Alberta Labour Board provides its members with many resources to help them understand their rights and the laws that protect them. For example, they can easily access information on their rights to a fair employment investigation, appeal a decision and more. If you have been wrongfully dismissed in Alberta, you may be wondering how you can take your case to court. Below, we will discuss some of the options that you have available to you when you feel that your employer has unfairly dismissed you.
If you have been wrongfully dismissed in Alberta, one of your first rights is to file a claim with the Board. To do this, you will need to hire the services of an employment lawyer to represent you and advise you on the legal avenues that you should pursue. There are several different routes that you can take to file a claim, but if you have no legal representation, you may find that the process becomes a little too overwhelming and difficult to deal with. It is important to understand the different claim types that you have available to you so that you can choose the one that is most appropriate for your situation. Having the right claims in hand will ensure that you can quickly move forward with your claim and receive the compensation that you deserve.
For example, you can file a claim for breach of contract or wrongful dismissal. In these instances, you will be looking to claim compensation for the time that it takes for your employment contract to run out and for the wages that you are owed for the time that you have worked for the employer. Whether or not you ultimately receive any damages from your employer will depend largely on the circumstances of your case, so it is important to talk to a legal professional as soon as possible in order to make sure that you have a strong case against them.
File a claim for breach of contract or wrongful dismissal
A lot of the time, you will not need an employment agreement to legally terminate your employment relationship with an employer. However, even if you are not working under an employment agreement, you may still need to get a copy of the employment agreement of the company that you work for. This is a very important document because it provides all of the necessary information about your rights during the termination of your employment.
Even if you do not need an employment agreement, you may still need to obtain a legal claim form. The claim form will allow you to make sure that you have the right to make a wrongful dismissal claim against the Board and that your employer has the right to defend against such a claim. Without legal advice, however, you may not know what the most appropriate form to obtain is. Talk to a legal professional today so that you can learn more about the right form to obtain.
If you have suffered a dismissal from work for whatever reason, it is vital that you talk to a lawyer as soon as possible. You may have serious claims against your employer that could make the difference between settling your matter through arbitration or going to court. In fact, if you are not able to settle your matter through arbitration, you may actually have to go to court in order to get your compensation. For this reason, you need to make sure that you are prepared to deal with any legal issue that comes up during your case.
