Employment Law

Our lawyers can provide advice and direction to both employers and employees as they face a variety of employment issues, including:

For Employees:

Assistance with wrongful dismissal, notice period or severance claims, and discrimination and human rights complaints.
Click here for more information on services for employees.

For Employers:

Model employment contracts and service agreements,
Model workplace harassment policies and advice on existing policies,
Advice regarding employee terminations, and operational re-organizations,
Investigating allegations of harassment or discrimination in the workplace.
Click here for more information on services for employers.

If you require a consultation with a lawyer or are ready to retain a lawyer, please complete our intake form by clicking here. A staff member will contact you within one or two days.

Information for Employees

I’ve been terminated from my employment, what are my rights?

An employee who has been terminated is legally entitled to a period of notice of that termination. This can be working notice (you are provided notice of your end date and you continue to work until that date), pay in lieu of notice (you are terminated on the spot, and you receive your regular wages and salary for the notice period), or some combination of the two.

This notice period is intended to compensate you for the time it should take them to find new, substantially similar employment. The Alberta Employment Standards Code, sets out legislated minimum notice periods for most Alberta employees (some employees, such as municipal police officers and employees of Federally regulated businesses are subject to different legislation). Some employment agreements will limit an employee’s entitlement to the notice periods under this legislation, but where an agreement does not mention notice periods, an employee may be entitled to more notice.

Under the legislation, notice is calculated with reference to an employee’s years of service (Employment Standards Code, s. 56):

(a) one week, for more than 90 days but less than 2 years of service,

(b) 2 weeks, for 2 years or more but less than 4 years,

(d) 5 weeks, for 6 years or more but less than 8 years,

(e) 6 weeks, for 8 years or more but less than 10 years, or

(f) 8 weeks, for 10 years or more.

However, in some circumstances, such as where your employment agreement does not limit entitlement to the legislated minimum notice period, or where there is a dispute as to whether the employee agreed to limit their notice entitlement, you may be entitled to a longer period. In these circumstances, a court will consider the following factors to determine the notice period:

The character of the employment (e.g. the type of job, level of responsibility, required education, duties),
The length of service,
Age of the employee, and
The availability of similar employment.

Other benefits you may be entitled to for the duration of the notice period are:

Health benefits
Vacation pay
Employer pension contributions
Bonuses

If you pursue legal action following your termination, note that you are also under a duty to mitigate any loss that flows from the termination. In general, this means you are under an obligation to take reasonable steps to seek out similar employment. You may not be entitled to any further pay in lieu of notice from your former employer once you find new employment.

If you’ve been terminated, our lawyers can help you identify what notice period and benefits you may be legally entitled to, and can assist you in discussions with your former employer, or in bringing a legal claim.

I’m experiencing discrimination at work, what are my rights?

The Alberta Human Rights Act prohibits discrimination on the basis of:

race, colour, ancestry, place of origin,
religious beliefs,
gender, gender identity, gender expression
age
physical disability, mental disability,
marital status, family status, and
sexual orientation.

An employer cannot require you to contract out of your human rights. Employers have a duty to accommodate employees who have particular needs in relation to the above protected grounds. You can find more information about these rights on the Human Rights Commission website here.

If you believe that you are experiencing discrimination at work or that were terminated because of one of the above protected categories, we can assist you with a number of different options:

working with your (former) employer to reach a mutually beneficial solution,
negotiating a settlement with your (former) employer,
filing a claim with the Alberta Human Rights Commission, or
filing a legal claim.

Information for Employers

Why is legal advice regarding employment contracts, workplace policies, or employee termination important?

An investment in legal advice up front could save you and your organization the possibility of lengthy, expensive, and stressful litigation down the road. A wrongful dismissal or human rights complaint could cost you thousands in legal fees and the risk of an unpredictable pay-out amount. Legal advice regarding employment issues also ensures that your employees have clarity around their rights and responsibilities, and demonstrates your commitment to their wellbeing. This not only benefits your terminated employees, but also your organization by decreasing employee turnover and supporting a reputation of professionalism, consideration, and legal compliance.

Our lawyers seek to provide cost-effective and comprehensive legal advice to assist you, not only in avoiding future litigation, but in providing your employees with a clear understanding of their rights and obligations.

Why should an employer hire a lawyer to investigate allegations of workplace harassment or discrimination?

If your organization is facing allegations such as workplace harassment, sexual harassment, discrimination, or a toxic work environment, it can be very valuable to have an objective third party come in to assess those allegations and offer suggested resolutions. Employer-led, internal investigation processes can result in actual or perceived bias in addressing the allegations.

Lawyers are uniquely trained to critically analyze a set of facts, assess the credibility of a person’s story, and to offer realistic, creative, and effective solutions for all parties involved. Our lawyers are also trained and experienced in dealing with highly sensitive allegations, such as those involving sexual harassment or other forms of identity-based discrimination.