For most Albertans, being fired for “insubordination” is an incredibly distressing experience. Individuals are often let go without severance pay—with their employer claiming they had “just cause” to do so.
Contrary to popular belief, insubordination doesn’t automatically meet the criteria necessary to justify a for-cause dismissal.
If this happened to you, don’t lose hope—you might be entitled to compensation. Here are three things that non-unionized employees need to do.
1. Remain calm and professional
Losing your job is tough, but learning that you won’t be receiving a severance package during your termination meeting can be infuriating. In this situation, keeping your cool is crucial.
Severance in Alberta can be as much as 24 months’ pay. Lashing out at your boss or doing something to hurt the company could affect the amount of compensation you’re legally entitled to.
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Your best course of action after being fired for cause is to maintain your professionalism and bring your record of employment (ROE) to Samfiru Tumarkin LLP.
If you don’t meet the conditions necessary to justify this type of dismissal, we can help you obtain a new ROE that claims you were terminated “without cause”—allowing you to access employment insurance (EI) benefits during this time of financial turmoil.
2. Look for work in a similar position or field
In Alberta, non-unionized workers are required to make a reasonable effort to find comparable employment after being fired or let go. This is known as an employee’s duty to mitigate.
If you don’t look for work in a similar position or field post-termination, it can affect how much severance pay you’re ultimately owed if you’ve been wrongfully dismissed.
To prove that you did try to find comparable employment, document the entire job hunt. Keep a record of every company you applied to, the date you applied, the position you applied for and the outcome of each application.
3. Contact an employment lawyer
If you’ve been fired or let go for any reason, contact an Alberta employment lawyer at Samfiru Tumarkin LLP. We’ve helped thousands of non-unionized employees in the province enforce their rights and secure the compensation they’re legally entitled to.
READ MORE: 5 of the most common work situations where getting an employment lawyer can help
A shocking insubordination case that my team and I will never forget involved an automotive mechanic in Edmonton who was let go without severance pay just two days after a slightly heated discussion with his manager.
During his termination meeting, the individual politely asked his boss why he was being dismissed without compensation. He was told the company “doesn’t tolerate insubordination” and that he “should’ve exercised more restraint” the other day.
Confident he’d been wrongfully dismissed since this was a one-off incident, the mechanic fought the urge to lash out at his manager and calmly cleared his workspace following the meeting. As soon as he arrived home, he contacted Samfiru Tumarkin LLP.
Less than 10 minutes into his consultation, we confirmed that the mechanic didn’t meet the conditions necessary to be fired for cause—entitling him to full severance pay.
In the end, all it took was a brief phone call with his employer, not a lengthy legal battle, to secure every cent of compensation that our client was owed.
READ MORE: The ‘big 5’ workplace rights most often overlooked by employees
Fired for cause in Alberta? Not sure if you’ve been wrongfully dismissed?
Contact Samfiru Tumarkin LLP or call 1-855-821-5900 for a consultation with an employment lawyer. Get the advice you need and the compensation you deserve.
Lior Samfiru is an employment lawyer and co-founding partner at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. He provides legal insight on Canada’s only Employment Law Show on TV and radio.
