Employment Law

June 13, 2023 by Getz Collins and Associates

What Should You Do if You Believe You Have Been Wrongfully Terminated in Alberta?

If you’ve lost your employment with a company, whether you were fired or laid off, you have the right to question the termination if you believe it was without reasonable cause. First of all, do not sign the termination papers or the severance agreement, as this may be considered a recognition of fault on your part and forfeit your ability to pursue legal action. The decision not to sign your severance agreement can be difficult, especially as you may be hurt financially and desperately need that severance package to support your cost of living. Employment lawyers suggest that you do not rush things, however, and instead consider the options available to you legally.

If you believe you were wrongfully dismissed, document everything related to your dismissal. This includes documenting what was said by your ex-employers during the meeting in which you were released and the tone in which it was said. Additionally, please keep any and all paperwork, both from your time of employment (pay stubs, performance reviews, benefits packages) and from the eventual dismissal (termination papers and company correspondence). By recording these critical facts about your termination, you and your employment lawyers will be able to construct a more robust legal case.

What is the Difference Between Termination Without Cause and Wrongful Dismissal?

When employees are fired from their jobs, it is done either with cause or without cause. Termination without cause may not be illegal depending on the circumstances. Many companies must terminate employees from time to time, even when that employee has done nothing wrong to deserve it. Termination without cause can be the result of a company downsizing or the elimination of a certain division. While it is unfortunate that employees may lose their jobs as a result of the company’s new business direction, it is not strictly speaking illegal.

If you are terminated without cause in Alberta, you are usually entitled to receive notice prior to the termination, or you can expect to receive pay instead of notice. Some exceptions apply, however. You should speak with an employment lawyer if you did not receive notice or severance pay that you believe you were entitled to.

A termination becomes wrongful if the employer does not provide the required notice or severance pay, or if the employer wrongfully claims “just cause”. In either case, the employee should consult with an employment lawyer to discuss whether they should take legal action.

What is the Difference Between Wrongful Dismissal and Constructive Dismissal?

Not all wrongful dismissals are constructive dismissals. But every constructive dismissal is a wrongful dismissal.

Constructive dismissal is a type of wrongful termination wherein the employer essentially forces the employee into a corner. They may ask that the employee accept a lower salary, a demotion, or a new, less appealing role with the company, or else risk losing their job altogether. This ‘take it or leave it’ strategy forces an employee to either accept alteration to an “essential term” of their original terms of employment, or refuse and claim constructive dismissal.

Proving constructive dismissal can be complex and difficult. We recommend you hire professional legal representation to ensure you have a strong case before proceeding with a constructive dismissal claim.

What is Considered a Wrongful Termination in Alberta?

The majority of dismissals from employment are considered lawful, regardless of whether the employee was performing their tasks admirably. The termination will likely be considered valid if the employer provides adequate advance notice or severance pay in lieu of notice. Failing either of these things, however, could lead to a successful wrongful dismissal claim.

Many employers will opt to provide only the minimum legal entitlements as laid out in the Employment Standards Code, even though the employee may be entitled to more under the terms of their employment contract. In such cases, it may be possible to recover a greater severance package.

What Are Different Types of Wrongful Termination?

The primary examples of wrongful termination include:

Dismissal without cause and the employee is not given adequate notice or severance.
Constructive dismissals, wherein the employer changes the essential terms of an employee’s role (such as salary or responsibilities) without that employee’s consent.
When an employer wrongfully terminates an employee and the ’cause’ is fabricated.

When is Notice Not Required Prior to Termination?

Employers do not always need to provide notice before terminating an employment relationship. Examples include:

Continued employment would put the employee’s health or safety at risk.
The employee cannot work due to a strike.
The employee has spent fewer than 91 days on the job.
The employee is laid off after refusing reasonable alternative duties.
The employee quits due to wage changes, vacation pay, or overtime rates.
The employment contract is impossible to perform due to unforeseen circumstances.
They are considered ‘casual employees’ and choose not to accept work.

Schedule Your Initial Consultation with an Experienced Employment Lawyer in Alberta Today

The only surefire way to know whether you have a legitimate case for wrongful termination is to consult with experienced employment lawyers in Alberta. These legal matters can be complicated, and the legal representatives for your former employers are likely experienced in defending against claims of workers like you.

Getz Collins & Associates would be proud to assist you in your wrongful termination case. Please contact our law offices to schedule your initial consultation. (587) 391-5600.

April 27, 2023 by Getz Collins and Associates

What is the Alberta Human Rights Act?

In Alberta, individuals are protected from discrimination pursuant to the Alberta Human Rights Act (the “Act”). The purpose of the Act is to provide Albertans with protection of their human rights. The Act allows people to make a complaint if they feel that they have experienced harassment or have been discriminated against in the specific protected areas and the specific protected grounds protected under the Act.

What are the Protected Areas under the Act?

The Act prohibits discrimination in the following areas:

statements, publications, notices, signs, symbols, emblems or other representations that are published, issued or displayed before the public;
goods, services, accommodation or facilities customarily available to the public;
tenancy;
employment practices;
employment applications or advertisements; and
membership in trade unions, employers’ organizations or occupational associations.

What are the Protected Grounds under the Act?

The Act protects against discrimination that occurs based on a number of protected grounds in connection with several protected areas. Under the Act, it is illegal to discriminate against an individual on the basis of:

Race ;
Religious beliefs;
Colour;
Gender (including pregnancy and sexual harassment);
Gender identity and expression;
Physical disability;
Mental disability;
Age;
Ancestry;
Place of origin;
Marital status;
Source of income;
Family status; and
Sexual orientation.

Direct Discrimination vs Indirect Discrimination?

People have argued that the difference between direct and indirect discrimination is plainly spelled out in the names. But this argument has flaws and needs to recognize all the possible ways people may face discrimination.

Direct discrimination is less subtle than indirect or adverse discrimination. It is often made to feel personal, maybe even resulting in the form of in-your-face harassment. If a victim with a legally protected ground can show that they were treated worse because of it, this is unlawful direct discrimination.

Indirect discrimination is more subtle, hidden in hiring practices, systemic issues, and personal biases. These cases can be more challenging to prove, as the ones violating human rights protections may hide their reasoning. Illegal indirect discrimination can be shown if you or your minority group are disadvantaged in the workplace. Suppose the employer makes no attempts to rectify the problem. In that case, they could be guilty of indirect discrimination in the workplace because they are explicitly making things harder for a protected group of people. Policies and rules have to change to reflect a changing workforce. If workplace policies put you at a disadvantage because of a protected ground, you may have a case for indirect discrimination.

What Are Examples of Direct Discrimination?

Examples of direct discrimination include:

Biases informed by racial stereotypes that negatively affect the workplace.
Creating a toxic work environment for an employee to make them feel unwelcome because of their sexual orientation.
Declining to hire an otherwise capable applicant because of their age.
Terminating a women because she is pregnant.
Harassing an employee because of race, ethnicity, creed, or gender.
Refusing to give work to an employee because the employee is a woman.
Sexual harassment targeting a woman in a workplace full of men.
Treating an employee with a disability without respect.

What Are Some Examples of Indirect Discrimination?

Examples of indirect discrimination include:

Employees getting passed over for promotions they deserve because of a bias against their race, gender, sexuality, etc.
An employer not considering accommodations for an employee who is pregnant.
Jobs that do not welcome disabled employees.
Silent refusal to employ job candidates of a certain age, race or gender.

Do You Need a Lawyer?

Discrimination can cause significant life setbacks to a person’s employment, housing status, relationships, financial stability, and mental health. Violations of an individual’s protected human rights should be taken seriously.

If you believe you’ve been discriminated against by an employer or other authority figure, you should speak to a lawyer immediately. At Getz Collins & Associates, our lawyers have experience representing clients who have been the victims of discrimination. Under our legal guidance, we will assist you in filing an official complaint and attempt to get you the outcome you deserve.

Call our firm today to schedule your initial consultation. (403) 934-2500.

April 12, 2023 by Getz Collins and Associates

A Performance Improvement Plan (PIP) is a document provided to an employee by their employer to help the employee improve their performance at work, and/or to document evidence of employee misconduct or poor performance.

A PIP highlights:

employer expectations of the employee,
how the employee is failing to meet those expectations, and
how the employee can solve performance problems.

A PIP is not a disciplinary action, but if an employee fails to improve after receiving a PIP, disciplinary action and even termination could follow. Employees should consider a PIP a strong warning.

Does a Performance Improvement Plan help employees?

A thoughtfully prepared Performance Improvement Plan can help employees to improve their performance in the workplace by clarifying employer expectations—such as specific objectives and a reasonable timeline. It can also pinpoint problems and provide a clear plan of action the employee can follow to meet the employer’s expectations.

A PIP can be an effective tool to motivate an employee because it also details the undesirable consequences of failing to improve, such as termination. The PIP serves as a warning.

When should a Performance Improvement Plan be implemented?

A Performance Improvement Plan is one step in a disciplinary process, but it shouldn’t be used in every deficient performance scenario. For example, a one-time failure doesn’t warrant a PIP, but repeated and ongoing poor performance may improve with a PIP.

When the issue is more about an employee’s behaviour (such as discrimination or unlawful conduct) than their work performance, a PIP is not the best course of action. Egregious misconduct is typically cause for immediate termination without a lengthy progressive disciplinary process.

Before an employer issues a PIP, ensure the employee understands your expectations. Try to improve performance with a verbal reprimand first, a written reprimand next, and then consider a Performance Improvement Plan.

PIPs are most effective when they’re used to empower employees to improve their own performance and overcome roadblocks. Employees with a work history of effective performance are more likely to implement the recommendations of a PIP, whereas employees with a history of failing to respond to correction and poor performance are less likely to benefit from a PIP.

How should a Performance Improvement Plan be implemented?

A Performance Improvement Plan should be drafted using precise, unbiased language that’s genuinely helpful. Remember that a PIP is not a disciplinary action but an effort to revitalize an employee. The goal is to provide a clear process and helpful tools to empower the employee to improve.

The Performance Improvement Plan should include:

The employer’s expectations of the employee—the employee’s role or job position, duties, and measurable performance targets
The specific areas of performance the employee needs to improve
Specific, measurable, and realistic ways the employee can improve
Resources the employer will provide to help, including support, mentorship, and training
Scheduled meetings for follow-up and tracking progress
An appropriate duration for the PIP (typically 1-3 months)
Consequences of failing to meet the objectives, such as demotion, suspension, or termination with cause (i.e. without severance)

The PIP should be presented to the employee in a private meeting near the end of the work day and not near a major deadline. During this meeting, accept their feedback regarding the obstacles they’re facing. They may have identified a need for additional training or support, in which case the employer should provide those needs as soon as possible.

Throughout the implementation of the PIP, keep detailed records of the employee’s performance, including dates and examples. This allows you to track progress or deterioration, and equip you for whatever next steps are required.

Have an employment lawyer review your PIP before presenting it to an employee. The employment lawyers at Getz Collins and Associates can help. Contact us today.

Performance Improvement Plans & Termination

Some employers use a PIP to build a case for just cause termination, which requires evidence of employee wrongdoing. In a wrongful termination lawsuit, a PIP can be a crucial piece of evidence that shows cause for dismissal and the employer’s attempt at progressive discipline to resolve the issue.

Note that a PIP does not always lead to an employer’s success in proving just cause for termination. A judge examines all the facts and various factors in determining just cause.

In Canada, the courts support employees and make it challenging for employers to justify termination with cause. Employers must provide evidence of repeated warnings and progressive disciplinary actions to show that the employee had fair warning and many opportunities to remedy the situation.

How To Respond to a Performance Improvement Plan

If you receive a Performance Improvement Plan from your employer, do not sign it right away. Take time to review it carefully. If there’s anything you don’t understand, seek clarification.

Review the employer’s concerns honestly. Are they justified? For example, if your employer alleges chronic lateness and has your timesheets to prove it, your best course of action is to do whatever is necessary to prevent being late again.

In response, it’s a good idea to draft your own perspective of the events and issues described in the PIP if your version differs from that of your employer.

In some cases, a PIP can lead to a toxic work environment. This can be grounds for constructive dismissal. An employment lawyer can advise you of your rights.

If you’ve received a PIP, contact an employment lawyer to ensure you understand your rights and your options. Contact the employment lawyers at Getz Collins and Associates today.

April 7, 2023 by Getz Collins and Associates

A wrongful dismissal in Alberta is when an employer ends their employment relationship with an employee unlawfully. According to the Alberta Employment Standards, there are three key scenarios that can be determined as wrongful dismissal:

The employer does not provide the employee with adequate notice of termination;
The employer does not provide the employee proper pay in lieu of notice;
The employer claims just cause for dismissal without actually having just cause.

If an employee is wrongfully dismissed, they are entitled to the pay and benefits they would have earned during the required minimum notice period set by the Employment Standards.

Wrongful Dismissal Case Process: What are the steps in a wrongful dismissal case?

If you think you may have been wrongfully dismissed, here’s what to expect and how to prepare to file a wrongful dismissal claim or lawsuit.

Prepare for Consultation with an Employment Lawyer

It’s best to consult with an employment lawyer to find out about your rights as a dismissed employee. Before your consultation, gather evidence to bring to your lawyer. This might include:

Employment contract
Employee handbooks or manuals
Communication between yourself and your employer (e.g. emails, text messages, etc.)
Your termination notice
Pay stubs for your regular paycheques and any bonus paycheques
Proof of your alternative job search efforts
Any receipts or proof of out-of-pocket expenses you incurred as a result of your termination

The more evidence you provide to your lawyer, the easier it will be for your lawyer to accurately assess the situation and advise you of the next steps.

Consultation & Assessment

The purpose of a consultation with an employment lawyer is to assess the strengths and weaknesses of your case. Your lawyer will advise you of what possible compensation you may be entitled to, a potential range of awards you may receive, the strengths of your case, as well as the risks you face, going forward.

In some cases, your lawyer may determine that you don’t have a case for wrongful dismissal, or that the time and expense of fighting for more compensation is not worthwhile.

But when the evidence indicates that it makes sense to pursue the case, your lawyer will advise you of the next steps.

Demand Letter to the Employer

If your lawyer believes there’s a case for more compensation, the next step is to attempt to resolve the matter out of court by corresponding directly with the employer.

Your lawyer will draft a demand letter that requests more compensation and explains the justification for the increased amount. For example, your employment contract may include provisions for more compensation.

This part of the process can take a couple of months as letters are exchanged between your lawyer and your former employer. Even though it may take some time, it’s preferable to resolve the matter at this stage because it’s the least time-consuming and the least costly.

Negotiation with the Employer

If the situation cannot be resolved during the demand letter stage, the next step is to file a lawsuit and serve a Statement of Claim.

The Statement of Claim explains the case to the court and requests the compensation your lawyer believes you’re entitled to. The purpose of this Statement is to put pressure on your employer to settle the matter before it goes to court.

The employer responds to a Statement of Claim with a Statement of Defense, which may agree to, refute, or add to the Statement of Claim. You and your lawyer can then file a Reply. In this way, you’re negotiating with the employer out of court.

Mediation

In some jurisdictions, mediation is mandatory before presenting a wrongful dismissal case in court. It’s the preferred method of resolving a wrongful dismissal case because it saves time and resources if it prevents the case from going to court. It’s the final attempt to settle a wrongful dismissal case before a trial happens.

During mediation, both parties present a brief to a third-party mediator. Each party and its representatives are in separate rooms, and the mediator goes back and forth between them. The mediator’s job is to try to coordinate a settlement.

Litigation

If mediation is not successful—which is rare for most wrongful dismissal cases—the case proceeds to court. This is by far the most costly and time-consuming step in the wrongful dismissal case process, which is why a settlement is the goal of the earlier stages.

In simple cases where the only issue is the amount of pay due to the employee, the parties attend civil court to set a date for summary judgment.

Both parties take time—usually several days or weeks—to prepare for a summary judgment motion, which includes a written legal argument and an affidavit of evidence. The process of preparing these documents often leads to a settlement, especially if the employer realizes they don’t have a strong case.

At the motion for summary judgment, the judge decides about the payment to be awarded to the employee.

For more complex wrongful dismissal cases, it can take a year or longer to get a trial date. Then the parties attend a pre-trial conference with a judge, which is another opportunity to settle the matter. The final stage is the trial, and in extremely rare cases, an appeal.

Wrongful Dismissal Employment Law Attorneys in Calgary & Strathmore

If you think you may have a case for wrongful dismissal, you should consult with an employment law lawyer. The lawyers at Getz Collins and Associates can assess your case, advise you of your rights, and help you through every step of the process. Contact us today.

March 31, 2023 by Getz Collins and Associates

What Is Bill C-16?

Bill C-16 represents an amendment to the Canadian Human Rights Act, as well as the Canadian Criminal Code. Introduced in May 2016, Bill C-16’s is intended to offer protection from gender identity discrimination. Bill C-16 protects individuals from hate propaganda and discrimination within federal jurisdiction.

Previously, the Canadian Human Rights Act offered protection from discrimination on the grounds of sex and sexual orientation. Opponents of the change argue that transgendered Canadians are already protected thanks to these two grounds. However, this equates sexual identity with gender and confuses the definitions of sex and gender. Gender identity is about a person’s own understanding of their gender and how they desire to express it.

To better understand the change, let’s imagine a scenario. An individual gets hired to work for a company that is regulated by the federal government while presenting as a man. They work for a few years, during which they come to the realization that they want to change genders. Once they do so, they are fired. The reason for the firing is not due to the individual’s sexual orientation or sex; it is entirely due to the way they wished to express their gender identity. Before Bill C-16, this would not have been considered discrimination in the legal sense.

To better understand how Bill C-16 accomplishes its goals and what these changes mean for you, we will focus our attention on the three key amendments it has put into effect.

How Did Bill C-16 Affect the Canadian Human Rights Act?

The Canadian Human Rights Act is one of our most important statutes. Created in 1977, the Canadian Human Rights Act looks to ensure equal opportunities to any individuals that may be victims of discrimination or discriminatory practices. Of course, the act isn’t perfect. It only offers protection to those who are discriminated against for a protected ground.

The protected grounds that the Canadian Human Rights Act protects include:

Race
National origin
Ethnic origin
Sex
Sexual orientation
Marital status
Religion
Colour
Age
Family status
Genetic characteristics
Disabilities
A conviction for a pardoned offense

While these certainly do all deserve the added protection they get from being considered a protected ground, they still allow many different kinds of discrimination to occur. As our society evolves, it should be no surprise to see further grounds offered protection.

Gender identity is our most recent addition to the Canadian Human Rights Act. This means that gender identity is now a protected ground.

While the Canadian Human Rights Act helps to ensure equal opportunities, it has its limitations. The protections apply to those who are employed by or receiving services from the federal government, a First Nations government, or a private company that is regulated by the federal government.

How Did Bill C-16 Affect Hate Speech Under Canada’s Criminal Code?

Hate speech is an incredibly dangerous thing, more so now than ever before. Hate speech used to be easier to police and fight against since most people were afraid to speak hate in public. Nowadays, thanks primarily to the internet, there is a rise in hate speech. People are feeling more comfortable spreading their hate.

However, that doesn’t mean that Canada approves of such hate. One of the changes that Bill C-16 makes is to amend a section of the Criminal Code relating to hate speech in order to include hate speech made against a person’s gender identity. While this is a straightforward change, it has led to some confusion.

How Did Bill C-16 Affect Hate Crime Sentencing?

Hate crimes are crimes that are motivated primarily or at least largely by hate. Hate for somebody’s skin color, their race, their sexuality, or something of this nature. Hate crimes are almost always more harshly punished than an equivalent crime that lacks the focus on hate.

Bill C-16 will simply add gender identity to the grounds for determining if a crime was motivated by hate. There are a number of ways that to determine whether hate played a role in a crime, though, usually, the perpetrator makes that really clear through their words and actions.

What Should I Do If I’ve Been Discriminated Against For My Gender Identity?

If you have been discriminated against for your gender identity or any other protected characteristic, then you should reach out to an experienced lawyer. They will be able to help you determine which steps you should take to address the situation.

March 6, 2023 by Getz Collins and Associates

Temporary layoffs—in certain situations and when carried out appropriately—are a legally accepted practice in Alberta, according to the Employment Standards Code, which governs employment in Alberta and establishes minimum standards of employment.

In this post, you’ll learn

what a temporary layoff is,
when an employer can temporarily lay off employees, and
what the correct procedure for implementing temporary layoffs is,

according to Alberta employment law.

3 Important Questions About Temporary Layoffs in Alberta

Both employers and employees should understand the rights and obligations set by provincial employment law (the Code) for temporary layoffs.

1. What is a temporary layoff in Alberta?

A temporary layoff is when an employer temporarily stops paying an employee to come in to work without firing them, maintaining the employment relationship. A temporary layoff can include a reduction of work hours if employees earn less than 50% of their weekly wages at the regular rate (averaged over eight weeks).

During a temporary layoff, the employment agreement is still in effect even though employees don’t attend work as usual. Employees retain employee benefits and entitlements such as sick leave or vacation, and there is an understanding that the employee will return to work.

A situation is a temporary layoff when the employee is laid off for:

A cumulative 60 days within a 120-day period before March 17, 2020
120 consecutive days between March 17, 2020 and June 17, 2020
A cumulative 90 days within a 120-day period after June 17, 2020

Layoffs related to the COVID-19 pandemic state of emergency in Alberta have special provisions for up to 180 consecutive days.

Temporarily laid-off employees are not entitled to severance pay or termination pay unless the employer fails to recall the employee within the maximum temporary layoff period, in which case the employee is technically terminated and is entitled to termination pay under the Code.

2. When can an employer temporarily lay off employees?

According to the Code, temporary layoffs are acceptable only under certain conditions, including:

The employment contract permits it
It’s a common practice in the industry, such as seasonal business closures
The employer and employee agree to it

Common Reasons for Temporary Layoffs

Temporary layoffs usually happen when an employer requires short-term provisions to stay in business during difficult times—such as during the COVID-19 pandemic. Other common reasons for temporary layoffs include:

Equipment maintenance
Facility maintenance
Temporary safety hazards requiring remedy
Corporate restructuring
Business relocation
Business mergers, acquisitions, or buyouts

3. What is the correct procedure for implementing temporary layoffs?

Before an employer implements temporary layoffs, it’s crucial that they review the employment agreement to ensure they have a contractual right to do so. They should ensure their temporary layoffs and procedures comply with the laws set out in the Code.

Employers must provide employees with proper written temporary layoff notices—one week’s notice for employees of up to two years, and two weeks’ notice for employees of over two years. These notices must include:

Sections 62, 63, and 64 of the Alberta Employment Standards Code
A statement that it’s a temporary layoff notice
The effective date
All other relevant information as required by the regulations

The law provides for exceptional situations where appropriate notice periods are unreasonable or impractical. However, employers should not take notice periods lightly because failure to provide proper notice can lead to a case of wrongful dismissal or constructive dismissal.

If an employer needs to extend a temporary layoff beyond the maximum period, they may do so by making regular payments to the employee, such as salary, wages, benefits, and pensions. This must be agreed upon between the employer and the employee.

There is also a proper procedure for recalling employees after a temporary layoff. The recall must be in writing and state that the employee must return to work within seven days of receiving the notice. This notice can be served

By fax, email, regular mail, or registered mail
In person at the employee’s address or at work
By leaving the notice with a person who appears at least 18 years old at the employee’s address

Temporary Layoff Lawyers in Alberta

The employment laws of Alberta govern the rights and obligations of both employees and employers in temporary layoff situations. If you have questions about any aspect of temporary layoff law, or if you may be involved in a wrongful termination situation, contact the employment lawyers at Getz Collins and Associates today.

February 17, 2023 by Getz Collins and Associates

What’s the Difference Between Maternity Leave and Parental Leave?

In Alberta, employees are eligible for both maternity leave and parental leave. Although these terms tend to be used interchangeably, there are differences between the two types of leaves.

Maternity leave is reserved exclusively for birth mothers. It is 16 consecutive weeks of unpaid leave designed to help mothers deal with the physical and medical stress of giving birth. Women can access maternity leave at any point within the thirteen weeks before their due date but no later then the date of birth. Birth mothers must may take six weeks of leave following birth for health reasons unless the employer agrees to an early return to duties and there is medical clearance from a physician.

In contrast, parental leave is a leave of absence for either birth parents and adoptive parents to take up to 62 weeks of unpaid leave. In contrast to maternity leave, parental leave can start any time after the birth or adoption of a child. However, parental leave must be completed within 78 weeks of the birth or the day the baby was placed into the adoptive home. The purpose of parental care is focused on providing time for parents to bond with and care for their new child.

It is worth quickly noting that there is also leave for lost pregnancies. The mother can take maternity leave if the pregnancy is lost within sixteen weeks of the due date. However, parental leave is not permitted.

Who is Eligible for Parental Leave?

There are specific eligibility requirements you must meet before you are eligible for maternity leave or parental leave. The first is that you must meet the employment requirement and the second pertains to your relationship to the child.

As an employee, you are eligible for parental leave if you have been working for the same employer for at least three months (90 days). However, this isn’t necessarily always the case. An employer may choose to grant you parental leave, despite the fact that you have been with the company for less than ninety days. This a choice by that employer though, nothing requires them to do so legally.

If you are the birth mother, the other parent, or an adoptive parent, then you can access parental leave. One or both parents may share the leave between them. However, these are the only relationships that are recognized. You can’t take parental leave to help a friend with their newborn. You must be a parental figure for the new child, either biologically or legally.

While both parents can take parental leave, this may prove an issue in cases where both parents work for the same employer. In this case the parents may combine parental leave for a maximum of 62 weeks but, an employer is not required to grant the leave for both parents at the same time.

How Much Notice Are You Required to Give?

The rules for giving notice are pretty similar for both maternity leave and parental leave. The basic rule of thumb is to provide your employers at least six weeks’ notice prior to starting either maternity or parental leave.

While it can be nice to let your employer know when you expect to be back, you are not required until at least 4 weeks prior to your anticipated return date or to provide notice that you will not return.

You don’t have to return to work; that is a personal decision you will have to make. But if you want to return to work, then you must give your employer four weeks’ notice. If you fail to give notice then you could find yourself without a job to return to.

Can I Be Fired for Taking Parental Leave?

Employers can’t lay off or terminate an employee, or require them to resign, because of pregnancy or childbirth. There is an exception to this rule in the circumstance where the business suspends operations or ceases operations permanently. Other than this specific situation, you are legally protected from being fired for taking parental leave.

However, as noted above, you can lose your job for failing to communicate properly with your employer to let them know that you are returning to work. Though if the failure to get into contact was due to unpreventable circumstances, you may be able to salvage the situation. It is also worth noting that some employers are easier to work with than others and may even offer you an extension of your leave.

What if My Employment Was Terminated for Taking Parental Leave?

If you believe that you were fired because of your choice to take parental leave, then you should speak to an experienced lawyer to learn more about what options are available. It isn’t enough to suspect the reasoning behind your firing; you also need to prove it if you want to win a case. This requires investigating the situation, gathering evidence, interviewing witnesses, and a lot of other work that you shouldn’t undergo on your own.

Reach out to an experienced employment lawyer today to learn more about what can be done to rectify your situation.

December 15, 2022 by Getz Collins and Associates

Employees make the world go round. After all, they are the ones that are doing the necessary work to keep businesses running. From kitchens to offices and grocery stores to gas stations, it is the hard work of employees that keeps everything running smoothly.

This is why Alberta considers protecting employee rights to be such an important issue. Alberta protects employees through the Employment Standards Code. These are a series of laws and regulations that protect employees from being exploited by an employer. There are quite a few of them, so we won’t be able to cover everything in depth, but we’ll leave you with resources to continue learning more at your leisure.

We will begin with an overview of what the Employment Standards Code covers. This will give you a better understanding of the kinds of stuff you’ll find in the rules. From there, we’ll see what options are available to you should your employer break one of these rules. Then we’ll look at how these rules are enforced and where you can learn more about them.

What Does the Alberta Employment Standards Code Cover?

The employment standards that Alberta sets forth are designed to protect employees. As such, they cover a fairly broad range of important topics for employees. Things like overtime pay, deductions from earnings, and how holiday pay works are all covered by the Alberta Employment Standards Code, but so are issues like temporary layoffs, termination, and overtime hours.

The following is a summary of what the Alberta Employment Standards Code include:

Alberta General Holidays: This section deals with how specific holidays like Canada Day, Christmas Day, or Good Friday are supposed to be treated by employers.

Averaging Arrangements: These are laws regarding averaging an employee’s hours to determine overtime pay or time off with pay.

Deductions from Earnings: Some deductions from earnings are legal, while other deductions are expressly prohibited. This section covers the rules regarding what is and isn’t acceptable.

Exceptions for Specific Industries: Some industries have unique rules they have to follow or modified versions of rules that have to be followed, so any exceptions are included here.

General Holidays: More information about how holidays are supposed to be handled, generally.

Group Terminations: Special notice is needed when terminating fifty or more employees within a four-week period. Information on that and more about group terminations are contained here.

Hours of Work and Rest: Employees are entitled to breaks and days off, which depend on factors such as how long an employee works or what their status is.

Job-Protected Leaves: Information about job-protected leaves is included here, as there are quite a few different types of leave an employee can make use of without fear of losing their jobs.

Minimum Wage: Employees must be paid at least minimum wage. Information on minimum wage, and issues, such as how tips are factored in, are covered.

Overtime: If you work overtime, you are entitled to overtime pay. The rules set out how this functions.

Payment of Earnings: A number of laws prevent employers from messing with employees during the payment of their earnings.

Temporary Layoffs: A temporary layoff isn’t the same as a termination, so it has its own section in the rules.

Termination: A termination must follow the law; otherwise, it could be deemed a wrongful termination and lead to repercussions.

Vacations: Most employees are entitled to vacation time and vacation pay. How much they are entitled to is laid out in the rules.

Youth Employment: There are unique rules and laws that need to be followed when a minor is employed.

What Can You Do If Your Employer Breaks an Alberta Employment Standards Rule?

If you believe that your employer has broken one of the rules listed within the Employment Standards Code, then there are a few ways that you can go about rectifying the situation.

The first option is to contact the Employment Standards to ask questions to determine whether or not your employer has broken any rules. Employment Standards can be contacted by going to the website: https://www.alberta.ca/contact-employment-standards.aspx.

Another thing you could do is to file a complaint. This is a little more serious and a little more complicated. Your name is linked to the complaint, and it instigates a formal investigation. Thankfully, however, your employer is not legally allowed to terminate your employment over a complaint.

If you are unhappy with the outcome of your complaint, you may consider appealing the decision.

How is the Employment Standards Code Enforced?

Complaints and tips from employees are only one of the ways that rules are enforced. There are several other ways that they are enforced.

Alberta’s Employment Standards laws are enforced through audits, inspections, penalties, prosecutions, and judgment collection. That means that enforcement may be as simple as keeping an eye on an employer to ensure compliance. But it could also be as complicated as prosecuting an employer and slapping them with a fine as a penalty.

How Can I Learn More About the Employment Standards Code in Alberta?

If your employer has been doing something that goes against the Alberta Employment Standards Code, then it is a good idea to get in touch with an experienced employment lawyer. They’ll help you to investigate the situation and take the necessary steps to fix things. It might be intimidating to try to take on your employer yourself, but having a lawyer on your side might offer more courage.

Suppose you want to learn more about the Alberta Employment Standards Code. In that case, you’ll be happy to hear that the Alberta government has made learning resources available to help further educate employees about their rights and employers about their responsibilities. These range from self-assessment tools to publications and webinars packed full of useful information that will help you to ensure that you aren’t taken advantage of by an underhanded employer.

December 1, 2022 by Getz Collins and Associates

In Alberta, there are certain legal guarantees about things like hours, wages, overtime, holiday pay, and deductions from earnings. All of these, and more, are covered under Alberta’s Employment Standards Code.

To better understand how this all works, let’s take a closer look at Alberta’s employment standards. Then we will look at what you can do should your employer not meet those employment standards, which would include what you can do should your employer have improperly deducted from your pay. Finally, we’ll see what the penalties are for violations of these employment standards. A skilled Alberta employment lawyer can help to answer your questions.

What Are Employment Standards?

Alberta’s employment standards are the minimum standards that employers must provide to their employees. Notice that this is not a recommendation. These are the standards that must be met; otherwise, the employer could face negative consequences for their failure to comply.

The employment standards deal with a lot of different things, far more than simply an employee’s earnings. Rules related to general holidays, deductions, exceptions for specific industries, group terminations, hours of work and rest, job-protected leave, minimum wage, overtime hours, payment of earnings, temporary layoffs, termination, vacations, and youth employment can all be found through the link in this paragraph.

For our purposes, we are going to limit ourselves to the rules relating to pay. These are the areas where an employer may commit wage theft, after all.

Deductions for Earnings: There are many laws about what can and cannot be deducted from an employee. For example, employers can deduct for any deductions required by law, recovery of overpayment, or things like dental plans and social funds (if the employee agrees to them). Other deductions, such as for uniforms, are not allowed, and there is a cap on deductions for meals and lodging.

Minimum Wage: Minimum wage must be met, and this must be from the employer. Tips and expense money don’t count towards the minimum wage. Similarly, an employee must be paid for at least three hours of minimum wage each time they go to work, even if they work for less than three hours.

Overtime: Most employees can earn overtime pay but some professionals and employees are subject to exceptions. If an employee works more than eight hours in a day or if an employee works more than 44 hours in a week (whichever is greater), anything over is overtime (8/44 rule). Overtime is 1.5 times an employee’s regular wage, except where there is a written overtime agreement already in place.

Holidays: Although there are some complexities to the entitlement of holiday pay, generally, if an employee has worked with the same employer for at least 30 days in the 12 months prior to a holiday, then they are entitled to holiday pay for any eligible holidays they work. This would be 1.5 times what they normally earn, or they could be granted regular pay for the holiday or a paid day off at their daily wage in the future.

What Should I Do If My Employer is Not Meeting Employment Standards?

If you suspect that you are not receiving the pay you are entitled to, or you believe your employer is failing to meet employment standards in other areas, then there are some steps you can take.

The first step is to speak to the employer about the issue. Sometimes this is enough to clear up an issue and save you a lot of time.

A complaint can be made if an employee feels an employer has failed to pay them their earnings or provide anything else that they are entitled to through the Employment Standards Code. Complaints can be made while working without fear of retaliation, as the law protects employees in these circumstances. If retaliation happens, an employment lawyer may be of assistance to ensure the employer is penalized and to protect the employee’s rights.

What is the Penalty For Employment Standards Violations?

Employers are required to meet employment standards. Failing to comply with these standards can lead to disciplinary actions being taken against the employer, such as an administrative penalty. Multiple violations will result in progressive penalties being applied. In addition, the Employer may be required to pay the Employee the money they are owed.

An administrative penalty may be imposed for failing to comply with the standards or failing to comply with an enforcement action. Administrative penalties may range from as low as $500 to as high as $6000, depending on the level of administrative penalty and whether or not it is a first-time violation of the standards or a regular occurrence.

Should I Work With an Employment Lawyer?

Employment law can be a tricky subject. The standards we looked at above apply to most employers and employees, but there are always exceptions depending on such diverse factors as age or field of employment. This can mean that what seems like a violation for one person may not actually be a violation for the next person.

Instead of trying to sort through these complicated laws on your own, it is much easier to work with an employment lawyer that understands what is and isn’t acceptable when it comes to employment in Alberta. That way, you can save yourself a lot of time and hassle while still ensuring that your rights are protected, and you aren’t a victim of further violations such as wage theft.

What Qualifies as Wrongful Termination in Alberta?