MD LAW GROUP

At MD Law Group, our team of Edmonton Lawyers understand how difficult dealing with disrespectful employers can be. Edmonton's huge presence in the business community can make employment difficult. If you have questions or concerns, contact our Edmonton office for a consultation. We may be able to help you.

If You're in Legal Trouble, You Need a Employment Lawyer

Our Edmonton employment lawyers mainly assists individuals whereas a labour lawyer primarily deals with unionized employees. Our Employment lawyers help their clients with understanding, advising, and litigating work-related issues in the workplace, which include but are not limited to termination, workplace harassment, disability-related issues, wage related-issues, and workplace safety.

Trust Us to Represent Your Legal Interests

MD Law Group provides results-driven employment law services. We are firm believers in access to justice, and we serve clients across Alberta.
​
Our goal is simple: deliver the highest quality of advice and advocacy.

Termination With Cause

• How Are Employees Terminated With Cause?
• Can My Employer Legally Fire me With Cause?
• What Is Severance and How Much Should I Get?
• Why Should Employees Hire A Lawyer?

What is Termination With Cause?

In Alberta, termination with cause is sometimes often referred to as termination for cause, dismissal with cause, or just cause termination.

Termination with cause should be reserved only for the worst workplace violations only and will need to be proven in court. The employer must prove that it had just cause to terminate because the employee’s misconduct gave rise to a breakdown of the employment relationship through proper documentation and sometimes even witnesses. A just cause termination may be based on various grounds of misconduct.

Where you terminated with cause?

Termination of employment in Alberta can take place in two different ways: (i) termination without cause; or (ii) termination for cause. When an employee has been terminated without cause, it is presumed to be entitled to reasonable notice of dismissal or pay in lieu of notice of dismissal (a.k.a. a severance package). In contrast, an employee who has been terminated for cause because of a serious act of misconduct is not entitled to notice of dismissal or a severance package.

An employer is not required to provide notice when just cause exists for dismissing an employee. Termination for just cause typically involves conduct that is serious enough – either on its own account or in combination with other factors – to justify the employer ending the employment relationship.

Can You Collect EI When Terminated With Cause?

If you were terminated for cause, you will not be eligible for EI. Without cause, termination occurs when your employer terminates you without you having done anything seriously wrong to warrant the termination. If you feel like you were terminated without good reasoning, call our Edmonton Employment Lawyers and get legal advice.

Our Edmonton Employment Lawyers are Here to Help.

While it seems unfair that you got fired from your job when you have done nothing wrong, it is a harsh reality many employees face. Losing your job is stressful and we are here to reduce that stress. At MD Law group you get an entire Employment Law team dedicated to your case. We’ll take care of the legal work and the paperwork, so you can focus on getting back to regular life.

Our Edmonton Termination Without Cause Lawyers will answer all your legal questions, all you have to do is book a consultation with us. We are generous with our time and knowledge. Call or email us today, or send us a message in the chat. You’ll always hear back from us within 24 hours during the week.

Wrongful dismissal

• How Are Employees wrongfully Dismissed?
• How do I know I Was Wrongfully Dismissed?
• What Is Severance and How Much Should I Get?
• Why Should Employees Hire A Lawyer?

What is Wrongful Dismissal?

When an employer wishes to terminate an employee unless the employer has “just cause”, the employer must meet the legal and statutory requirements that govern terminations. The employer must also provide the employee with either fair notice or pay in lieu of that notice. If you have been dismissed from work without these procedures, call our Edmonton Employment Lawyers.

A wrongful dismissal occurs when an employee is terminated without being offered a reasonable period of working notice, or an amount of money equal to their pay and benefits for that period. Please note, this varies from province to province and must follow the provincial laws of each individual province. Calculating the correct amount of severance pay or length of notice is mandatory. It is based on a complex analysis of factors including the employment contract, the length of employment, salary, benefits and options, age, employment levels in the industry, or quality of the overall job market.

Can You Collect EI When You Are Wrongfully Dismissed?

Eligible employees who are wrongfully dismissed can immediately apply for EI benefits immediately upon termination.

Our Edmonton Employment Lawyers are Here to Help.

While it seems unfair that you got fired from your job when you have done nothing wrong, it is a harsh reality many employees face. Losing your job is stressful and we are here to reduce that stress. At MD Law group you get an entire Employment Law team dedicated to your case. We’ll take care of the legal work and the paperwork, so you can focus on getting back to regular life. Our Edmonton Termination Without Cause Lawyers will answer all your legal questions, all you have to do is book a consultation with us. We are generous with our time and knowledge. Call or email us today, or send us a message in the chat. You’ll always hear back from us within 24 hours during the week.

Employee Contracts

• Who Pays For an Employee Agreement?
• Can I Change My Employee Agreement?
• What If My Employer Breaks Our Employee Contract?
• Why Should Employees Hire A Lawyer?

What Is An Employee Contract?

An employment contract is an agreement between an individual employee and an employer or a labor union. It builds and settles both the rights and responsibilities of the both parties (the employer and the employee). Employment and employee contracts can be written or oral but as legal professionals, we strongly recommend you get it written by an Employment lawyer. Having a written contract is beneficial to both parties in the event either party wants to terminate the business relationship.

With all contracts, there must be an offer of employment and included in that offer should outline what the working relationship should and will look like. It is recommended that employers ensure the prospective employee sign the written contract before starting work to avoid any problems. As well, employers should recommend that a potential employee receive independent legal advice before signing an employment contract that contains a number of provisions.

Can Your Employer Change An Employment Contract?

Short answer, yes your employer can change an employee contract. As an employee, it is important to note that your employer cannot make changes to your employment agreement or duties without providing you adequate notice and consideration.

Non-Competition & Non-Solicitation Disputes

• Does A Non Compete Expire?
• Can Employees Get Out Of a Non Compete?
• When Is A Non Compete Enforceable?
• Why Should Employees Hire A Lawyer?

What is Non-Competition & Non-Solicitation Disputes?

Close to 50 percent of employers require employees to sign non-solicitation and non-competition clauses either before starting work or sometime thereafter.

A non-competition clause restricts the employee from working at a competitor or for himself for a certain period of time after parting ways from the company in the same area of a business. A non-solicitation clause allows the employee to work anywhere, but with one clause: they cannot solicit their former employer’s clients or employees. The good news is that both of these clauses are often unenforceable when you use one of our expert Edmonton employment Lawyers.

When Is A Non-Competition & Non-Solicitation Dispute Enforceable?

Employers often place a restrictive covenant, such as a non-competition or a non-solicitation clause, into their employment contracts in an attempt to protect their business interests from competition from departing employees. The challenge for employers is that a basic employment law concept is that a restrictive covenant in an employment contract will be presumed by a court to be void and will only be enforced if the covenant is reasonably limited to protect the employer’s legitimate business interests.

In Alberta a court will only enforce a non-competition clause in exceptional circumstances. This is because in the vast majority of cases the court will find that a more limited non-solicitation would have sufficient to protect the employer’s legitimate business interests. In practice it is not unusual for a restrictive covenant in an employment contract to be titled “non-solicitation” even though the language in the clause prohibits competition generally and is therefore actually a non-competition clause.

Termination Disputes

• How Can I Legally Terminate An Employee?
• What Is Legal Way To Terminate An Employee?
• Can Termination Be Up For Review?
• Can I Sue My Employer For Terminating Me?

How Termination Works?

It is required by law that employees and employers must give each other notice of their intention to end the employment. In some cases an employer may end the employment of an employee by giving them termination notice, termination pay, a combination of termination notice and pay. If the period of employment does not exceed 90 days, no notice is required from either party.

Notice period length is based on how long the employee has been working for the employer and it alters in many different occasions. The employer must pay the employee’s earnings with 10 days after the end of the pay period in which termination occurred, or 31 consecutive days after the last day of employment. Neither earnings nor other terms or conditions of employment may be reduced during the notice period. Employers are prohibited from requiring employees to use entitlements such as vacation or overtime during the termination notice period, unless agreed to by both parties.

Deadline Of Payments For Amounts Owed

When employment is terminated, employers must pay the employees as follows: within 10 consecutive days after the end of the pay period in which termination occurred, or 31 consecutive days after the last day of employment.

The employer may choose whichever option best suits their needs.