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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.

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.

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.