Laws and Beyond

EMPLOYMENT LAWYERS IN CALGARY

We serve both employers and employees, and provide both counselling and legal assistance to resolve a wide range of employment-related issues.

Our Calgary Employment Lawyers have expertise establishing employment policies, negotiating employment contracts, non-compete and confidentiality agreements, severance agreements, underpaid compensation and overtime disputes, discrimination claims, and disability discrimination claims.

Areas Of Employment Law

EMPLOYMENT CONTRACTS NEGOTIATIONS & DRAFTING

Great employee-employer relationships often depend on clear, unambiguous employment terms. These terms are often set out in a contract or contained within an employment manual.
We offer guidance to new enterprises as well as established organisations wishing to amend and update their employee handbooks. Employees can also use our services to examine, negotiate, and amend their employment contracts. We make sure they understand what’s being offered, why it’s being offered, and that the terms are acceptable.
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EMPLOYEE HANDBOOKS & TRAINING MANUALS

An employee handbook protects both the company and the employees. It informs employees about the salary structure, benefits, disciplinary procedures, and other workplace laws and regulations. A well-written handbook will act as a reference for both parties in understanding their legal obligations and responsibilities.

We can also draft customized training manuals addressing specific areas of concern for your business.
Talk to us if you need help:
  • 1. Reviewing existing employee handbooks for compliance with current provincial standards.
  • 2. Drafting new handbooks for you, including “at-will” policies, confidentiality agreements, harassment policies, dress codes, etc.
  • 3. Drafting customized training manuals addressing specific areas of concern for your business.
  • 4. Reviewing employment contracts for directors, officers, and vice presidents.

SEVERANCE AGREEMENT REVIEW AND NEGOTIATIONS IN CALGARY, ALBERTA

If you have been offered a severance package in exchange for signing a release, we can review the agreement to determine whether it is fair and reasonable.

We will also negotiate on your behalf with your employer to ensure that you obtain all of the benefits to which you are entitled under the law or under the terms of your employment contract.

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DISCRIMINATION AND HARASSMENT PREVENTION

Bullying, harassment, and discrimination based on protected grounds are all treated with zero tolerance by the Alberta Human Rights Commission. It’s critical that your staff is aware of human rights legislation, their rights and obligations under it, and how to raise concerns through the appropriate channels.

When an employee violates a workplace policy or engages in inappropriate behaviour at work, employee discipline procedures are frequently required. We can assist you with preparing employment contracts for new recruits, providing ongoing discipline guidance, or drafting documentation to aid with an employee’s termination.

We are also available to provide employees with information on their rights and responsibilities under all applicable legislation, investigate complaints, mediate disputes (where appropriate), determine if allegations of wrongful conduct can be justified, and, address disciplinary action complaints.

MATERNITY LEAVE AND PATERNITY LEAVE

Under the Canada Labour Code for the federally regulated industries, any pregnant employee that has worked for an employer for at least six consecutive months is entitled to up to 17 weeks of maternity leave without pay.
Similarly, under the Alberta Standards Code, any pregnant employee that has worked for an Alberta employer for at least 90 days is entitled to up to 16 weeks of maternity leave without pay. Benefits are normally paid under the Employment Insurance Act during maternity leave and are sometimes augmented by the employer.
After the birth of her child, a pregnant employee may choose to discontinue her maternity leave at any time. She may thereafter be eligible for unpaid parental leave. If you and your spouse/partner decide to have a child, and if you both work for the same employer who operates in Alberta, you may be entitled to up to 62 weeks of combined maternity and parental leave.
You deserve to feel confident about your pregnancy and its impact on your job. We can assist you with preparing the appropriate documents for maternity leave, including a Letter of Understanding that sets out the terms and conditions at work for this period. If you are planning to adopt a child, we can also draft an adoption agreement.
If you are an employer, we can also help you with any paperwork related to maternity leave, adoption leave, and parental leave.

WRONGFUL DISMISSAL

Have you been fired and want to know if you have a wrongful dismissal claim? Contact us.
We can assist you in determining whether your employer’s actions were justified, the amount of severance pay that would be appropriate in your situation, and how to proceed with a claim against your former employer. We also assist employers who need assistance defending employment claims made by former employees.

CONSTRUCTIVE DISMISSAL

Constructive dismissal occurs when an employee leaves because working conditions have become so difficult or unpleasant that the employee has no choice but to leave. An employee may be constructively dismissed if his or her employer makes a unilateral change in significant terms and conditions of employment without providing reasonable notice.

This could happen if an employer dramatically decreases salary or hours worked, imposes a degrading clothing requirement, or transfers the employee to a difficult-to-reach area.

If you have been constructively dismissed, we can assist you in filing a wrongful or constructive dismissal claim against your employer, seeking damages for lost income and benefits.

EMPLOYEE ENGAGEMENT

Relationships and open communication are the foundations of a productive workplace. We can assist you in implementing ways to increase employee engagement, motivation, and productivity while reducing the possibility of constructive dismissal claims or other legal proceedings such as human rights complaints.
We create employee handbooks and policies that are personalised to your needs, track performance issues/concerns before they turn into legal difficulties, and offer conflict resolution solutions for tough or unwelcome interpersonal encounters.

If you are an employer who is concerned about potential legal issues in your workplace, we can assist you with creating a proactive plan to identify and minimize these risks.

Our aim is to help you achieve your goals by minimizing the legal risks associated with staffing, workplace policies and compensation. Suppose your employer has asked you to participate in an investigation for wrongdoing at work (such as harassment, theft, or workplace violence). In that case, we can help you prepare and present your side of the story while obtaining maximum protection against reprisal.

EMPLOYEE TERMINATION

If you have been terminated from your employment, we can help you assess your situation and determine whether or not a wrongful dismissal claim is likely to succeed.
We also work with employers to minimize legal risk when an employee’s position may be eliminated due to layoffs, downsizing, or restructuring measures.

WAGE AND OVERTIME VIOLATION CLAIMS

Are you being paid less than minimum wage, or does your employer fail to pay overtime? We can help.
In addition, we provide advice on human rights issues, including workplace harassment and discriminatory hiring practices that may give rise to a successful claim for damages against an employer.

UNEMPLOYMENT INSURANCE BENEFITS

Have you lately lost your job? Was your claim for unemployment benefits denied, postponed, or terminated without warning? We can assist you.
We help customers navigate the unemployment insurance appeals process in order to optimise their benefits eligibility.
We can help you defend your position and aid with the outcome of the appeal if you are an employer who has received notice that one of your former employees plans to submit an appeal for a denied claim for benefits.

WHISTLEBLOWING

If you have been threatened with reprisals after speaking out about a potential wrongdoing in your workplace, we can help you assess the situation and determine if there is a claim against your employer.
We offer advice and represent clients who wish to disclose safety concerns or confidential information regarding their employers.

HOSTILE WORK ENVIRONMENT

We have significant expertise representing people who have been harassed or discriminated against because of their gender, ethnicity, age, disability, family situation, or sexual orientation under federal and provincial human rights laws.
We can also advise clients with regard to general employer liability for torts involving negligence, nuisance and defamation.

WORK RETALIATION

We can assist you if your employer has taken action against you as a result of you filing a workers’ compensation claim or engaging in workplace activities such as taking sick leave or exercising workplace rights (such as filing a complaint, refusing unsafe work, or attending an employment standards meeting).
We defend employees who have been subjected to retaliation and aid with salary and benefit recovery, reinstatement, modifications to terms and circumstances of employment, damages for mental distress, legal fees, and other remedies.

INTELLECTUAL PROPERTY RIGHTS

If you are an employer seeking legal advice in the areas of copyrights, patents, trademarks, trade secrets or other forms of intellectual property, we can advise you on proper steps to take to protect your rights.
Some organisations make the mistake of thinking that enforcing a strong internal policy banning employees from exposing confidential information will shield them from misappropriation lawsuits.
We can offer guidance and support in drafting an appropriate employment agreement to protect your intellectual property’s confidentiality, as well as represent customers who have had their intellectual property’s confidentiality violated by a former employee.
We also provide services to protect your company’s goodwill and trade secrets from being exploited against you by a competitor or former employee.

STOCK OPTIONS AND PERFORMANCE SHARE UNITS (PSU)

Are you employed in a high-tech company that offers stock options or performance shares as an employment benefit? We can help you assess your rights under applicable legislation.

As well, we are experienced at negotiating terms of option plans and entering into agreements with respect to equity compensation benefits.

If you are not being paid the correct amount in accordance with your employment contract, we can help determine whether or not you have a claim against your employer for breach of contract under federal or provincial legislation.
If you have been denied bonuses, commissions, or other benefits as an employee, we can assist you in filing a claim with the proper administrative tribunal or resolving your disagreement through negotiation.

BONUS ENTITLEMENT

If you are an employee who has been denied the payment of bonuses, commissions, and other entitlements, we can help you file a claim or resolve your dispute through negotiation.
If you are not being paid the correct amount in accordance with your employment contract, we can help determine whether or not you have a claim against your employer for breach of contract under federal or provincial legislation.

CANADA PENSION PLAN AND OLD AGE SECURITY

Have you been denied benefits under the Canada Pension Plan or Old Age Security? We can determine if you have a valid claim and, if you have, we will work to safeguard your rights.
Do you need help with withholding CPP contributions from your employees’ income if you’re an employer? We can help employers understand their responsibilities and file the necessary papers.
Individuals who have been refused benefits under the Canada Pension Plan or Old Age Security can also get information and help from us.

EMPLOYMENT STANDARDS CODE

The ESA establishes general minimum employment criteria. It also outlaws discrimination based on race, sex, age, or mental or physical impairment, which many employees find insulting.

Employers and employees can get assistance on their ESA rights and responsibilities from us.

DISABILITY INSURANCE PLANS

Do you work for a company that offers income replacement through a group disability insurance plan? We can determine if your employer’s refusal to pay sick or short-term disability payments is justified.

Do you need assistance on how to run your group disability insurance plan if you’re an employer? We can help you understand your responsibilities and file the necessary documentation.

We can assist you in filing a claim with the proper administrative tribunal or resolving your issue through negotiation if you have been denied sick or short-term disability payments under your employer’s group plan.

Calgary Employment Lawyers

 Please reach us at info@lawsnbeyond.com if you cannot find an answer to your question.

I am pregnant. Do I qualify for any benefits?

Employment Insurance maternity and parental benefits provide financial assistance to:

–  individuals who are away from work because they’re pregnant or have recently given birth

–   parents who are away from work to care for their newborn or newly adopted child

You could receive up to 55% of your earnings, to a maximum of $595 a week in Employment Insurance (EI) benefits.

To qualify you should have accumulated 600 insured hours of work* in the 52 weeks before the start of your claim or since the start of your last claim. 

* Due to Covid-19, as a temporary measure, you only need 120 insured hours to qualify for benefits because you’ll get a one-time credit of 480 insured hours to help you meet the required 600 insured hours of work

 For Maternity Benefits overview click: EI Benefits 

ALSO NOTE: In addition to the Employment insurance benefits, you might also be entitled to additional work benefits. For greater details review your work policies and procedures or contact your human resources managers.

For most employees in Alberta, your rights are mainly protected by the Employment Standards Code and Alberta Human Rights Act.

Whereas, for unionized employees, a Labour Relations Code usually governs the relations between employers and trade unions, and relations between trade unions and their members.

Employers are not allowed to pay employees less than the minimum wage, even if you agree to it.

However, there are some employees in certain jobs to whom the minimum wage rules do not apply. For example, employees not covered in the Employment Standards Code, real estate brokers, and students in certain work experience programs.

  Overtime wages are available to employees who work more than 44 hours in a one week. These workers are entitled to receive overtime wages of one and a half times their normal hourly rate of pay. 

However, there are certain exceptions to overtime, and not all employees are entitled to receive overtime wages. For instance, certain professionals like lawyers and accountants are usually not entitled to overtime wages.

The laws in Alberta require the employer to either give notice of termination or issue severance pay in lieu of notice.

There are many factors that can impact your entitlement to severance and as well as the amount of your severance package, including:

  • Cause of termination
  • Original Employment Contract
  • Length of services
  • Your age
  • The nature of your job
  • Prospects of future employment or how soon replacement job was obtained
  • Employment benefits and employment insurance coverage 
  • The manner in which you were dismissed

Upon termination, you might be entitled to receive up to two years of salary and benefits. If you have been terminated, then contact our office immediately for a half an hour no obligation consultation. 

Yes, employees are usually required to pay income tax on any severance package. The amount of taxes you pay will depend on the amount of severance package and the terms of the severance package. These statutory deductions are from 10% to 30% of the lump sum payment. For more details click: Deductions on Lump-Sum Payments

We often recommend that you consult an accountant or tax lawyer, with respect to your tax obligations.

Yes! Keep in mind that the employment contract is drafted by the employer and therefore, it is for the employer’s benefit.

You should consult a legal counsel prior to signing an employment contract whether it is given to you prior to commencing employment, on the first day of your employment or anytime during the course of your employment.

Further, your counsel can negotiate better employment terms on your behalf and enable you make informed decisions about the employment agreement.

The ROE, (which is informally referred as a Pink Slip), is a system used by employers to send your services record to Service Canada.

Whenever there is an interruption of services for more than 30 days, including termination of employment, the employer must issue a ROE. You should always review the box that indicates the reason for issuing the ROE. There are various code options. For instance, Code “M” is for dismissal. Generally, a code “M” is an obstacle to getting EI. 

For details regarding these codes click: Codes List

Please note that if you are assigned an incorrect code, it could impact your entitlement to various benefits, such as severance payment and employment insurance benefits, and you must contact a lawyer immediately.

Legal fees you spend to obtain your severance package are often deductible from your taxes.