Calgary Employment Law Lawyers

FAQs

What Constitutes Wrongful Dismissal In Calgary?

Wrongful dismissal, also known as wrongful termination, occurs when an employer terminates an employee's contract of employment in a way that breaches one or more of the terms of the employment contract, including implied terms or statutory rights. This can happen in various forms, from overt breaches of explicit contractual terms to subtle violations of implied terms and statutory protections.

In Calgary, wrongful dismissal involves situations where an employee is terminated without cause and without adequate notice or pay in lieu of notice, as stipulated in Alberta's employment standards or common law. The legal framework in Alberta requires employers to provide fair treatment and to follow specific protocols when ending an employment relationship. Failure to adhere to these standards can result in legal consequences for the employer.

Common reasons that may lead to a wrongful dismissal claim include:

·        Lack of Notice: The employer fails to provide the required notice period before terminating employment. For instance, if an employment contract or Alberta's legislation specifies a certain notice period based on the length of service, and the employer does not honor this requirement, it constitutes wrongful dismissal.

·        Constructive Dismissal: The employer makes significant changes to the terms of employment without the employee's consent, effectively forcing the employee to resign. This can include drastic cuts in salary, demotions, or unreasonable alterations to job duties and responsibilities, making the work environment intolerable.

·        Discrimination: The termination is based on discriminatory factors such as race, gender, age, disability, or other protected characteristics. Discrimination in the workplace violates human rights laws, and any termination on such grounds is not only wrongful but also illegal.

·        Retaliation: The employee is dismissed as a form of retaliation for exercising their legal rights, such as filing a complaint or taking a protected leave of absence. Retaliatory dismissals undermine the rights of employees to voice concerns and seek protections under the law.

It's important for employees to understand their rights regarding wrongful dismissal and for employers to adhere to proper procedures to avoid legal disputes. Employees who feel they have been wrongfully dismissed should gather documentation and evidence of the dismissal circumstances and seek expert advice.

Employers, on the other hand, should ensure they are familiar with the legal requirements for termination and consistently apply fair and transparent processes. This might include offering reasonable notice, conducting thorough investigations before making termination decisions, and consulting with HR professionals or legal advisors.

Seeking advice from qualified employment law lawyers can provide clarity and ensure compliance with applicable laws and regulations. Legal experts can offer detailed guidance tailored to specific situations, helping both employees and employers navigate the complexities of wrongful dismissal cases.

How Much Notice Or Severance Pay Am I Entitled To If I Am Terminated In Calgary?

The amount of notice or severance pay an employee is entitled to upon termination depends on various factors, including the length of employment, the terms stipulated in the employment contract, and applicable provincial or federal employment standards. In Calgary, the Employment Standards Code sets out the minimum notice period or pay in lieu that employers must provide to employees based on their duration of service:

·        Less than 3 months: No notice required.

·        3 months to 2 years: At least one week's notice.

·        2 years to 4 years: At least two weeks' notice.

·        4 years to 6 years: At least four weeks' notice.

·        6 years to 8 years: At least five weeks' notice.

·        8 years to 10 years: At least six weeks' notice.

·        More than 10 years: At least eight weeks' notice.

These are minimum requirements, and the actual notice period or severance pay may be higher based on common law principles, which consider additional factors, such as the employee’s age, position, length of service, and the availability of similar employment.

In the context of common law, courts often award "reasonable notice" which can be significantly greater than the statutory minimums. This notice period is intended to provide sufficient time for the employee to find comparable employment. Employers can provide this notice in working time, pay in lieu (severance), or a combination of both.

When terminating an employee, employers must also consider any contractual terms that specify notice periods or severance payments, as failure to adhere to these terms can lead to a breach of contract claims. Additionally, if the termination is deemed unfair, employees may be entitled to additional compensation for damages, including lost wages, benefits, and emotional distress.

It is advisable for both employees and employers to seek legal advice to understand their rights and obligations fully. An employment lawyer can provide detailed advice tailored to individual circumstances, ensuring compliance with legal standards, and helping to negotiate fair settlements where necessary. The aim is to achieve a resolution that respects the rights of the employee while facilitating a smooth transition post-termination.

What Are My Rights If I Experience Workplace Harassment Or Discrimination In Calgary?

Employees experiencing workplace harassment or discrimination have specific rights and protections under Calgary's Human Rights Act and Occupational Health and Safety (OHS) legislation. Harassment and discrimination can take many forms, including but not limited to, verbal or physical abuse, unwelcome comments or jokes, threats, or any behavior that creates an intimidating, hostile, or offensive work environment.

Such behaviors can significantly impact an employee's mental and emotional well-being, leading to stress, anxiety, and decreased job performance. If an employee believes they are subject to harassment or discrimination, they have the right to file a complaint with the Alberta Human Rights Commission or their workplace's internal grievance process.

Steps to Take:

1.     Document the Incidents: Employees should keep a detailed record of all instances of harassment or discrimination, including dates, times, locations, individuals involved, and any witnesses. This documentation is crucial for supporting their claim. Additionally, keeping copies of any related emails, messages, or other communications can serve as valuable evidence.

2.     Report the Behavior: Employees should report harassment or discrimination to their immediate supervisor or human resources department. Many workplaces have specific policies and procedures for handling such complaints, and it is essential to follow these protocols. If the harassment or discrimination involves a supervisor, employees may need to report it to another member of management or use a designated hotline.

3.     Seek Support: Consulting with an employment lawyer or union representative (if applicable) can provide guidance on the best course of action and ensure the employee's rights are protected. Support networks, including mental health professionals, can also assist in dealing with the emotional toll of harassment and discrimination.

4.     File a Complaint: If internal resolution efforts are unsuccessful, employees can file a formal complaint with the Alberta Human Rights Commission or the OHS. Both bodies are responsible for investigating complaints and enforcing compliance with the relevant laws. Filing a complaint typically involves submitting a detailed report and may require participating in interviews or hearings as part of the investigation process.

Employers have a legal obligation to provide a safe and respectful workplace. This includes taking proactive steps to prevent harassment and discrimination, responding promptly to complaints, and implementing corrective measures where necessary.

Establishing clear policies, conducting regular training sessions, and fostering an inclusive company culture are vital components in addressing these issues. Failure to address these issues appropriately can result in legal consequences for the employer, including fines, penalties, and compensation to the affected employees.

Understanding these rights is essential for fostering a healthy work environment. Employees should feel empowered to speak up against harassment and discrimination without fear of retaliation. Employers should continually review and update their policies and training programs to ensure compliance with current laws and to promote a culture of respect and inclusion. Ensuring a supportive environment not only benefits employees but also enhances overall organizational effectiveness and morale.

Can An Employer Change The Terms Of My Employment Contract Without My Consent In Calgary?

Employers generally cannot unilaterally change the terms of an employment contract without the employee’s consent. Any significant alterations to the employment terms, such as changes in salary, job responsibilities, or work location, should be mutually agreed upon by both the employer and the employee. If an employer imposes changes without consent, it may be considered a breach of contract or constructive dismissal, which could entitle the employee to seek legal remedies.

When faced with proposed changes, employees should review the modified terms carefully and consider seeking advice from an employment lawyer. This legal guidance can help employees understand their rights and the potential impact of the changes. It is crucial to communicate openly with the employer during this process to potentially negotiate terms that are acceptable to both parties.

If an employer insists on changes without adequate notice or consent, it is vital for employees to document all communications and actions taken by the employer. This documentation supports any claims of contract breach or constructive dismissal and can be crucial in any subsequent legal proceedings.

Employers should approach changes with transparency and fairness, providing clear explanations and justifications for the proposed adjustments. Engaging in good faith negotiations can lead to mutually beneficial outcomes, maintaining a positive working relationship and preventing disputes.

Understanding the legal framework governing employment contracts helps to safeguard both employees’ and employers’ interests, promoting a fair and harmonious workplace.

What Is Constructive Dismissal, And How Is It Proven?

Constructive dismissal occurs when an employer's actions or conduct fundamentally breach the terms of the employment contract, leading an employee to resign. This concept is based on the premise that the employer, through their behavior, has made the working conditions intolerable, forcing the employee to leave involuntarily. Proving constructive dismissal requires meeting specific legal criteria, typically demonstrating that the employer's actions were so severe that they amounted to a repudiation of the employment contract.

To substantiate a claim of constructive dismissal, an employee must provide evidence of significant changes to the employment terms or a pattern of behavior that breaches the contract. Examples include substantial salary reductions, abrupt changes in job duties or working conditions, and cases of persistent harassment or abusive behavior.

The employee must also show that they resigned in response to these changes and did so promptly, without implying acceptance of the new conditions by remaining in the role for an extended period.

Gathering comprehensive documentation is crucial in proving constructive dismissal. This includes keeping records of communications, such as emails or letters detailing the employer's actions, notes of meetings or conversations wherein changes were discussed or imposed, and any relevant witness testimonies. Consulting with an employment lawyer can provide further direction and strengthen the employee's case, emphasizing the importance of seeking legal advice early in the process.

Employers should be aware that actions leading to constructive dismissal can have serious legal repercussions, including claims for damages. Maintaining transparent communication, seeking employee input before implementing significant changes, and addressing grievances promptly can prevent situations that may give rise to constructive dismissal claims. Consistently fostering a respectful and fair workplace culture is essential in minimizing disputes and upholding strong employer-employee relationships.

What Should I Do If I Am Not Being Paid Correctly For My Work In Calgary?

If you discover that you are not being paid correctly for your work, it is important to address the issue promptly to ensure you receive the compensation you are entitled to. Being proactive can also help prevent further discrepancies and misunderstandings.

The first step is to thoroughly review your employment contract, pay stubs, and any relevant records to confirm the discrepancy. Look for any inconsistencies in your hourly rate, overtime pay, bonuses, or deductions that do not match what was agreed upon.

Once you have gathered the necessary documentation, consider the following actions:

1.     Speak to Your Employer: Begin by discussing the issue with your employer or HR department. Present the evidence of the payment discrepancy and ask for clarification. There might be an administrative mistake that can be quickly corrected. Be polite but firm in your request, and make sure to document this meeting.

2.     Keep Records: Document all communications and attempts to resolve the issue with your employer. This includes emails, meeting notes, and any other relevant correspondence. This documentation is vital if further action is required. Maintaining a timeline of events can also be helpful, noting when you first noticed the issue and any responses you received.

3.     Seek Advice: If the issue is not resolved after discussing it with your employer, seek advice from a union representative (if applicable) or an employment lawyer. They can provide guidance on your rights and the next steps to take. Unions often have specific procedures for addressing wage disputes and can offer additional support.

4.     File a Complaint: Depending on your jurisdiction, you may be able to file a complaint with a labour board or employment standards office. These agencies can investigate wage complaints and enforce payment rules. They may require you to provide detailed evidence of the discrepancy, so ensure all your documentation is in order.

5.     Legal Action: In cases where other resolution avenues are exhausted, you may consider filing a lawsuit against your employer for unpaid wages. An employment lawyer can assist in determining the viability of this option and represent your interests in court. Legal action can be a lengthy and expensive process, so it's often considered a last resort.

Addressing payment discrepancies swiftly is crucial. Not only does it ensure you receive your due earnings, but it also helps maintain a fair and transparent working relationship with your employer.

Employers should foster a culture of open communication and prompt resolution of wage issues to prevent misunderstandings and legal disputes. Additionally, by addressing these issues head-on, employees can help create a more equitable workplace, benefiting not only themselves but also their colleagues.

What Protections Do Employees Have Under Calgary’s Employment Standards?

Employees in Calgary are protected under the Alberta Employment Standards Code, which sets out the minimum standards that employers must follow. These standards cover various aspects of employment, including wages, hours of work, overtime, and termination of employment. Here are some of the key protections and standards provided:

1.     Minimum Wage: All employees must be paid at least the minimum wage, which is periodically reviewed and set by the government of Alberta. Employers are prohibited from paying less than the established minimum wage.

2.     Hours of Work and Overtime: The Code regulates the maximum allowable hours of work and ensures employees receive overtime pay for any hours worked beyond a standard workweek. Overtime is generally compensated at a rate of 1.5 times the employee's regular wage.

3.     Rest Periods and Breaks: Employees are entitled to rest periods and meal breaks. The Code mandates that employees receive a 30-minute break for every five hours of consecutive work, which can be paid or unpaid, depending on the circumstances.

4.     Vacation and General Holidays: Employees are entitled to annual vacation with pay and may also receive pay for general holidays recognized by the province. The amount of vacation time and pay depends on the length of employment.

5.     Termination and Severance: The Employment Standards Code outlines the required notice period or pay in lieu of notice when terminating an employee. This ensures that employees are given adequate time or financial compensation to transition to new employment.

6.     Leaves of Absence: The Code provides for various leaves of absence, including job-protected leaves for maternity, parental, personal and family responsibility, bereavement, and domestic violence. These leaves allow employees to manage personal situations without fear of losing their job.

7.     Youth Employment: There are specific regulations concerning the employment of young workers, including restrictions on the types of work they can perform and the hours they are allowed to work, ensuring their safety and well-being.

8.     Pay Deductions: Employers are only allowed to make deductions from an employee’s pay for specific reasons, such as statutory deductions (taxes, EI, CPP) or court-ordered garnishments. Any other deductions require the employee’s written consent.

9.     Equal Pay for Equal Work: The Code supports pay equity, stipulating that employees doing the same job must receive equal pay, regardless of gender.

Understanding and adhering to these standards is crucial for both employers and employees to foster a fair and legally compliant work environment. Employers should familiarize themselves with the Alberta Employment Standards Code to ensure they meet their legal obligations and promote a respectful workplace. Employees should also be aware of their rights to advocate effectively for themselves and seek recourse if those rights are violated.

Can I Be Fired For Taking A Leave Of Absence, Such As Maternity Leave Or Sick Leave In Calgary?

Under the Alberta Employment Standards Code, it is illegal for an employer to terminate an employee for taking a job-protected leave of absence, such as maternity leave or sick leave. These protections are in place to ensure that employees can attend to personal and family needs without the fear of losing their job. If an employer does terminate an employee while they are on such a leave, it could be deemed as wrongful dismissal, and the employee may have grounds for legal action.

When an employee takes a leave of absence, the employer is required to reinstate them to the same or a comparable position upon their return. This means that employees should not suffer any detriment in terms of their job duties, status, or wages because they exercised their right to take leave. Additionally, employees should maintain their benefits and accrue entitlements such as vacation pay while on leave.

Employees who believe they have been wrongfully dismissed due to taking a leave of absence can file a complaint with the provincial employment standards office or seek legal advice to explore further options. It's important for employees to document all communications related to their leave and any actions taken by their employer, as this evidence can support their case.

Employers are encouraged to familiarize themselves with the provisions of the Alberta Employment Standards Code to avoid any violations and to promote a supportive work environment. By respecting employees' rights to take leaves of absence, employers can contribute to a more inclusive and equitable workplace.

What Steps Should I Take If I Want To File A Complaint Against My Employer In Calgary?

If you believe your employer has violated your rights under the Alberta Employment Standards Code, there are several steps you should follow to file a complaint:

1.     Document the Issue: Keep detailed records of the violation, including dates, times, and descriptions of the events. Collect any relevant documents, such as emails, pay stubs, and contracts, which can serve as evidence. Make sure your documentation is clear and precise, as this will strengthen your case if a formal complaint is necessary.

2.     Attempt to Resolve Internally: Before filing a formal complaint, consider addressing the issue with your employer directly. Sometimes, misunderstandings can be resolved through open communication. Schedule a meeting with your supervisor or HR department to discuss the concerns. If you belong to a union, you may also want to involve your union representative, who can provide support and guidance during this process. Engaging in a constructive dialogue can sometimes lead to a swift resolution without the need for further action.

3.     Seek Advice: If you're unsure about your rights or the complaint process, consider seeking advice from a legal professional, a human resources consultant, or an employment standards officer. They can provide valuable insights and help you understand your options and the potential outcomes. Additionally, they can assist you in preparing your documentation and ensure you follow the correct procedures when filing a complaint.

4.     File a Complaint: If the issue remains unresolved, you can file a formal complaint with the Employment Standards office. This can typically be done online, by mail, or in person. Ensure you complete all necessary forms and provide any required documentation. Be thorough and precise when filling out the complaint forms, as any missing information could delay the investigation. Keep copies of all submitted documents for your records.

5.     Investigation: After you file your complaint, the Employment Standards team will investigate the issue. This may involve reviewing documents, interviewing you and your employer, and examining workplace practices. The investigation process can take time, so be prepared for potential delays. Stay cooperative and responsive to any requests for additional information or clarification from the investigators, as this will help expedite the process.

6.     Resolution: If the investigation confirms that your employer has violated the Employment Standards Code, they may be required to rectify the situation. This could involve paying owed wages, reinstating you to your job, or making other corrections. The resolution process might also include mediation or arbitration sessions to reach a fair agreement. Be open to participating in these sessions, as they can facilitate a mutually acceptable solution.

7.     Follow-up: Keep track of the investigation's progress and maintain communication with the Employment Standards office. If needed, you can seek further legal action or appeal the decision if you believe the outcome is unjust. Stay informed about any deadlines or additional steps required to continue your pursuit of justice. Consistent follow-up ensures that your case is being handled appropriately and helps you stay proactive in defending your rights.

By following these steps, you can ensure your rights are protected and take necessary action against any workplace injustices. It's important to be informed and proactive to maintain a fair and respectful work environment. Remember that standing up for your rights not only benefits you but also helps create a better workplace for your colleagues and future employees.

How Much Does It Cost To Hire An Employment Lawyer In Calgary, And What Are The Payment Options?

Hiring an employment lawyer can vary in cost depending on several factors, including the complexity of your case, the lawyer's experience, and the geographical location. Generally, fees can range from a few hundred to several thousand dollars. Employment lawyers may offer different payment structures, such as hourly rates, flat fees, or contingency fees.

Hourly Rates: Many employment lawyers charge by the hour, with rates typically ranging from $150 to $500 per hour or more. The total cost will depend on the number of hours required to resolve your case. This option can be ideal for cases that are expected to be relatively straightforward and quick.

Flat Fees: For certain types of cases, such as reviewing employment contracts or providing legal advice, lawyers may offer a flat fee. This set amount can make it easier to budget for legal expenses, as you know upfront what the cost will be.

Contingency Fees: In a contingency fee arrangement, the lawyer's fee is a percentage of the amount you recover from your case, typically ranging from 20% to 40%. This payment structure is often used in cases where monetary compensation is sought, such as wrongful dismissal or discrimination claims. If you lose the case, you may not owe any legal fees, although you might be responsible for other costs, such as court filing fees or expert witness fees.

Retainers: Some lawyers require a retainer, an upfront payment that acts as a deposit for future services. The lawyer will then bill against this retainer as work is performed. Once the retainer is depleted, you may need to replenish it or switch to another payment method.

Discussing payment options with potential lawyers during initial consultations is crucial. This allows you to understand the costs involved and choose a payment method that suits your financial situation. Many employment lawyers offer free initial consultations, providing an opportunity to discuss your case and explore your options without immediate financial commitment.

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When you choose MD Law Group in Calgary, you can trust that your case will be handled with the utmost professionalism, diligence, and expertise. Our team is committed to delivering results-driven legal services that surpass expectations and achieve favorable outcomes for our clients. If you require legal assistance in Calgary, don't hesitate to reach out to MD Law Group today to schedule a consultation. Let us leverage our experience and resources to provide you with the skilled representation you deserve.