Wrongful dismissal is the most common reason Calgary employees seek employment lawyers’ advice. Chapman Riebeek has a long career in law. During that time, many workers were not acquainted with employment legislation in such circumstances. As a result, they sign the paperwork and miss the opportunity to make things right.
At that moment, the best solution is to find and select the best employment lawyer. According to the numbers, Calgary will have 1.37 million residents in 2022. That means your choices on labour law professionals are numerous. Some offices are more specialized than others and making the correct choice comes down to you. But, before committing, prepare to ask questions and search for an employment lawyer that is skilled, practical, and offers clear legal guidance.
What is Wrongful Dismissal in Calgary?
People often misinterpret the meaning of wrongful dismissal and often identify it as inappropriate conduct of the employer. However, to decide to terminate someone’s employment is the right of any employer, even if it is for an unfathomable reason or simply a wrong management decision.
Both the employer and employee in Calgary are legally entitled to end the employment relationship for any legal cause. The only necessary clause is that the other is given an adequate length of notice.
The term implies that the employer has breached a contract with an employee. Before a person is dismissed from their job, they get a written notice of termination stating the cause and the minimum severance entitlements. Some employers need employees to sign more documents, such as a final release, as part of the process.
What constitutes a wrongful dismissal is when:
- an employee is dismissed without cause, and the employer fails to provide the employee with adequate notice of termination
- an employee is dismissed for a reason, but the employer fails to give any notice of layoff, severance, or valid cause
Additionally, some other circumstances can constitute wrongful termination. But, in simple words, it counts only if the employee does not get an adequate compensation package nor notice that the working relationship will end.
According to Alberta’s Employment Standards Code, employers are required to provide written notice of termination to any employee working for them for more than three months. The duration of the notice period grows in proportion to the years of service that person has worked for the company.
What Can a Labour and Employment Lawyer Do for You?
Employment lawyers’ job is to analyze your employment contracts and working conditions to ensure that your rights are not violated. If they are, the lawyer will advise you on the best possible solution and suggest the course of action according to your needs.
In general, the lawyers will make sure you don’t give up on your legal rights and provide you with a way to secure and calculate a fair severance package. By all means, an employment lawyer will assess the entire situation and ensure that you are acquainted with all available remedies, including reasonable negotiation settlement.
The best employment lawyers will settle the lawsuit without going to court. Of course, it is a rule in the law practice to use negotiation skills with your employer and take the case to trial only if necessary. A negotiation strategy is a better solution for a client as it causes less stress than the courtroom.
What to Look for When Selecting the Best Employment Lawyers?
The first time you apply for your job, the interviewer asks for an experience you might have in a particular field. It is the same when looking for employment or a labour lawyer. It would be best to have someone experienced to guide you through the process, point out the crucial parts of the case and anticipate the possible development or outcome. That means the wise choice would be an employment lawyer with substantial experience.
Another element to look for is whether or not that specific lawyer caters to both employer and employee needs. Your needs are different from the ones your employer has. Therefore they can vary from the perspective point. Do not select a professional that has dealt only with employers.
Plato, a Greek philosopher, once said that empathy is the highest knowledge, as it requires us to lower our ego and put ourselves in other people’s shoes. Empathy is not something you should be looking for, but rather try and gauge if your lawyer understands your point of view. It is more like your ability to evaluate them as a person. Communication and understanding your needs qualify the professional in question.
Many lawyers do not offer consultations, or they are not completely honest. The reason is that you can save time and money if the lawyer is willing to provide you with straightforward advice on your problem during these consultations. Furthermore, the law is a concrete practice, and experienced lawyers can tell you straight away whether or not you should pursue this goal in court.
Chapman Riebeek is a law firm with a strategic approach to legal issues. Contact for employment law inquiries is Tyler Nightingale, skillfully creative in negotiations.
Where Can I Find the Best Employment Lawyers in Calgary?
There is no specific place where you can find the right legal aid. Some websites list professionals according to your inquiries and location, but many of them are not on the platform. Therefore, you are missing out on some experts in the area without knowing it.
The best way to find employment lawyers in the Calgary area is to start typing on search engines apart from word of mouth. We do not advise you to accept the first one you see. Instead, investigate because many of them have great reviews, but many of them are paid. You can also use Yelp to search your specific area for employment lawyers.
Read their expertise and the way they approach a specific situation. Make a list of at least three best employment lawyers you would potentially hire. Schedule a meeting with each of them and ask questions of your interest. When you are ready to decide on a specific Calgary lawyer, make sure you understand entirely what the process will look like and how much it will cost you.