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Employment Law

“Employment Law” covers a large area, but the majority of cases revolve around the termination of an employee and what severance is owed. In addition to this major area, other issues include workplace safety, continuing employment contract obligations after termination (i.e., non-competes), discrimination and harassment, and rights within a unionized workplace.

Termination

There is no province in Canada that allows “employment-at-will”. In Alberta, the Employment Standards Code creates minimum obligations that employers must adhere to. This includes providing a notice period.

However, there are cases which establish an often much larger notice period than many Canadian workers (and employers) realize. This is a very complex area of law and both employer and employee should consult with a lawyer surrounding a termination. What are the grounds for dismissing an employee without notice, because the employee undermined their employer? Is an employment contract still valid? Was it ever valid? And what is this “constructive dismissal” thing; does this mean I get to leave my job with a big payout if I’m unhappy? (Answer to the last question: No.)

Other Employment Issues