I've been fired. How much money am I entitled to in Alberta?
If you have been fired without cause in Alberta one of the first questions you will likely have is how much money you are entitled to. Firstly you need to understand that in Alberta there are 2 main sources of law in determining this issue. The first is the Employment Standards Code, which sets out Government Mandates minimums (roughly 1 week per year of service to a maximum of 8). The other is the common law (judge made law). There can be interplay between these two.
The answer from the common law is not straightforward, but depends on a number of factors:
1) Did you sign a contract that restricts your damages?
2) Is your employment indefinite or fixed term?
3) How long did you work in the position?
4) What were your duties?
5) What is your educational background?
6) What was your compensation.
7) What is the outlook of finding similar jobs?
8) Were you able to find another similar job quickly after being fired?
9) What were the circumstances of your termination?
The Courts look at these and other factors (the analysis comes from a case called Bardal v. the Globe and Mail) and will come to a number. Sometimes it is around one month per year of service, sometimes it is more or less.
If you have been fired, it is important to speak to a lawyer with experience in Employment Law. If you have questions in this regard please feel free to contact us.
The information contained in this article is not legal advice. No solicitor client relationship is formed through this article. The reader is encouraged to retain counsel for advice in these matters.