Labour Law or Employment Law – What You Need To Know?
December 7, 2021
Employment
A. When to contact an employment lawyer in Calgary?
In general, employees do not wish to escalate issues to Employment attorney; however, there are some times in your employment that you should contact an employment attorney.
Here are a few situations you might need the services of an employment lawyer:
i. Prerequisites and Deadlines: If you are thinking about filing a claim against your current employer or former employer, then you should seek advice from an employment attorney. Your attorney can advise about all preliminary steps and as well as all deadlines for filing your employment claim.
ii. Confusing claims: If you think you may have claimed, or have a feeling something does not feel right or you think something illegal is happening at work, then it is best to consult an employment lawyer to confirm that there are laws to substantiate your claim.
iii. Employer takes your complaints seriously: Some employers don’t take your grievances seriously unless you have legal representation.
iv. Power imbalances: Mostly employers are backed by the human resources department and as well as a team of lawyers. If you are trying to negotiate your own employment agreement or severance package, it is best to have a legal attorney represent you and advocate for you.
v. Employer threatens: If your current employer or former employer threatens to sue you, then you must immediately contact an employment lawyer. Also, if at any time you are accused of a crime, then in addition to employment lawyer, you must also contact a criminal lawyer.
vi. Signing of agreements: Any time you are signing a new employment contract, amendment to current employment contracts, a non-compete document, confidentiality agreement, or other employment agreement, and you fully do not understand the terms of the agreement, then you must contact an employment attorney.
vii. Where to file your complaint: You should contact your employment lawyer to confirm if you should file your complaint with WCB (Worker’s Compensation Board), Union, Human Resources department, Employment Standards, Human Rights Commission or with the Provincial Court or the Court of Queen’s Bench of Alberta, etc.
viii. After attending Disciplinary Meetings: If you are required to attend a disciplinary meeting, then do not sign any document, except a receipt of acknowledgment stating “Acknowledge receipt of documents only, rebuttal to follow”. After the disciplinary meeting, immediately contact an employment lawyer to discuss the implications of the disciplinary meeting and your options.
ix. Other situations:
- 1. If you think your employer may have violated any laws, such as employment laws, human rights laws, and then contact your employment lawyer.
- 2. If your colleagues retaliate against you for complaining about discrimination or harassment, and your employer does not protect you.
- 3. If you are not being paid all the wages you are owed.
- If you think you are misclassified as exempt from overtime or as an independent contractor.
B. What will the employment lawyer achieve for me?An employment lawyer can provide the following:
- 1. Provide you with a better understanding of the law and your rights. Further, the employment lawyer will clarify the issues and what you will accomplish by resolving the issues.
- 2. Employment lawyers can send demand letters on your behalf, to require an employer to take an action or not to take an action, require a written apology, etc.
- 3. Employment lawyers can help you write your thoughts to the employer or write a letter to your employer on “without prejudice basis”, to clarify matters such as why you were denied a promotion, to correct a systemic problem, and more.
- 4. Employment can negotiate a better contract for you, such as negotiate an enhanced severance package upon termination for you to receive better monetary compensation.
An experienced employment attorney can help you examine the facts, understand your claims, and decide how to proceed. Your employment lawyer will gather all relevant information from you and weigh it with a level of objectivity. By seeking legal advice, you will get educated as to your options and rights. Most importantly, you will be more confident with your choice.
FINAL THOUGHTS: Your employment is one of the most important financial assets of your life, and you should consult an experienced employment attorney to protect this financial asset. To protect your finances, your reputation, and for your peace of mind, contact our Employment Attorneys today.
— Written by Megha Sharma
