My employment was terminated with just cause on September 20, 2011 from a financial insitution which is federally regulated. Currently, I am studying Accounting and Payroll Administation course and with this course, I am questioning whether the reasons I was terminated was really for "just cause".Under the federal regulations I had 90 days to dispute the just cause; however never did because of my lack of understanding of the process and what it really means to be let go because of just cause. My problem at work was that I struggled in keeping up with the work load, understanding the new process, and understanding how credits work for commercial clients even though the issues were addressed to the manager and assistance manager. I would be willing to accept my problems on the job, if it weren't for the facted that the most senior co-workers also challenges working on my portfolio. Is it to late to do anything about this?
Province/Territory relating to question: Alberta
I haven't tried anything yet
If an employer wants to dismiss an employee for cause the employer is required to provide the employee with written warnings, unless the employee`s conduct is so extraordinary that immediate dismissal is warranted. If this was not the case then you should consider a claim for wrongful dismissal and seek damages from your employer. If you did receive warnings but do not feel your dismissal was justified for cause you should also consider bringing a claim. Generally the damages would be equal to what you would receive had you been dismissed without cause. If that had been the case you would have been entitled to receive "reasonable" notice or pay in lieu of notice. Generally, in determining what is reasonable notice Courts look at several factors including the length of time you worked for the employer, your age, your position, the likelihood of finding new employment etc. At the high end, if you were in a managerial position, the Court would likely order one month's notice or pay in lieu of notice for each year of employment. If you were not in a managerial position the Court would order somewhat less.
You can sue for up to two years in Alberta.
You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free. The number is:1-800-661-1095 or 403-228-1722 in Calgary