Introduction to Employment Law in Edmonton

Understanding Employment Law

Employment law, alternatively known as workplace law, governs the relationship between employers and employees. Some of the key aspects include:
(1) Employment standards that regulate working conditions, hours, wages, and termination;
(2) Human rights legislation that prohibits workplace discrimination;
(3) Employment contracts that define various terms such as employment terms; and
(4) Termination and severance that dictate rules for ending employment relationships.

Understanding employment law is essential for both employers and employees. For employers, it ensures compliance with regulations. It also helps create a fair and productive workplace, fostering employee retention. Employees benefit by knowing their legal rights, protection against discrimination, and fair treatment in terms of wages, hours, and safety. A solid understanding of employment law promotes a cooperative working environment, minimizes employment issues, and maintains the principles of equity and justice for both parties.

Role of Employment Lawyers in Edmonton

Employment lawyers offer legal counsel and representation to employers and employees on matters related to labor laws, contracts, workplace disputes, or discrimination. They assist in dispute resolution through negotiation and, when necessary, litigation. Employment lawyers ensure that their clients understand their rights and obligations under employment law to ensure minimized legal risks for both employers and employees.

Employment Lawyers vs. Labour and Employment Lawyers

Employment Law vs. Labour and Employment

Employment law primarily deals with individual employment issues like employment contracts and discrimination. In contrast, Labor and Employment law encompasses a broader range, including collective labor relations, union activities, and bargaining, serving both individual employees and unions. Employment law is narrower, focusing mainly on individual employment relationships.

When to Seek Legal Advice from Experienced Employment Lawyers

We advise to consult experienced employment lawyers when facing issues like wrongful dismissal, workplace discrimination, workplace harassment, wage disputes, employment contract negotiations, when presented with a severance package or generally when facing an employment issue.

Services we provide

Utilizing your rights as an employee can be an extremely scary and overwhelming process particularly when you’re up against a company with a much larger budget and army of lawyers. Fear not however, for Forum Law is battle ready and ready to defend your rights as an employee through the following services.

  • Advising clients on employment law issues, including with respect to the Employment Standards Code, Workers Compensation Act, and Human Rights Act

  • Drafting Employment Contracts

  • Alternative Dispute Resolution including Arbitration, Mediation, and Judicial Dispute Resolution

  • Human Rights Complaints

  • Employment Standards Complaints

  • Employment Law Litigation on issues such as wrongful dismissal, constructive dismissal, and workplace harassment

Wrongful Dismissal: What is it?

When Wrongful Dismissal Occurs

Wrongful dismissal involves an employer terminating an employee without just cause or proper notice, violating employment laws or contracts. It can result in legal claims for lost wages and benefits. This can occur through various means, such as business restructuring, temporary layoffs, or termination after maternity leave, extending beyond notice violations.

Legal Rights in Wrongful Dismissal Cases

If you have been wrongfully dismissed, you have the legal right to seek compensation for lost wages and benefits if your employer terminated you without just cause or reasonable notice, violating employment laws or your employment contracts. You may also have the right to challenge the dismissal in court or through negotiation. Consider seeking a legal professional if you have been wrongfully dismissed. They can help you assess the strength of your case, provide you with sound legal advice and guide you through the legal process to protect your legal rights under section 240 of the Canada Labour Code.

Employment Agreements and Contracts

Employee Contracts vs. Employment Contracts

Employee contracts and employment contracts are often used interchangeably. They both refer to legally binding documents outlining the terms and conditions of employment. However, employee contracts may specifically focus on individual employee obligations, whereas employment contracts may encompass agreements between employers and employees, covering broader employment terms.

Importance of Employment Agreements

Employment agreements are critical as they establish clear expectations, legal rights, and obligations for both employers and employees. They help prevent disputes, ensure compliance with employment laws, and provide a legal framework for resolving employment issues.

Workplace Harassment and Human Rights Complaints

Understanding Human Rights in the Workplace

Human rights in the workplace ensure equal treatment and protection from discrimination. It provides every employee the right to a safe, respectful, and fair work environment, with remedial avenues to address violations through complaints, investigations, or legal action. Employees facing workplace harassment, discrimination, or unequal treatment based on Charter protected characteristics such as race, gender, or disability can file human rights complaints.

How Employment Lawyers Handle Harassment Cases

Employment lawyers handle workplace harassment cases by advising the victims on their legal rights, gathering relevant evidence, and assisting in filing complaints with the appropriate authorities. They can also negotiate settlements, represent clients in hearings, and pursue legal action against harassers or employers.

Federal and Provincial Laws Governing Employment

Employment Standards Code: What You Need to Know

The Alberta Employment Standards Code sets the minimum employment standards. It covers areas like working hours, wages, overtime, vacation, and termination notice. Employers must comply with these standards, ensuring fair working conditions for employees, while employees have legal rights to these minimum standards to safeguard their employment interests.

Labour Laws and Provincial Laws in Edmonton

The provincial laws of Alberta govern labour laws in Edmonton. These laws regulate employment standards, including minimum wage, working hours, overtime, and employee rights. Additionally, provincial laws address matters like workplace safety, occupational health, and human rights protections, ensuring fair and lawful workplace practices.

Additionally, certain federal laws in Canada also apply to workplaces in Edmonton. The Canada Labour Code governs employment standards for federally regulated industries such as banking, telecommunications, and transportation.

Occupational Health and Safety

Employment Laws Related to Occupational Health

Employment laws related to occupational health require Edmonton employers to provide a safe and healthy work environment for employees. These laws include regulations on workplace safety standards, hazard identification and prevention, worker training, and reporting of occupational injuries and illnesses. Violations can result in legal consequences for employers.

Understanding the Employment Relationship

Employment Contracts and Employment Relationship

Employment contracts outline terms and conditions of employment, including job duties, compensation, and benefits. They are the legal foundation for the employment relationship, ensuring protection for both employers and employees. The employment relationship is built upon the obligations and legal rights defined in these employment contracts.

Constructive Dismissal and its Implications

More on Constructive Dismissal

Constructive dismissal describes situations where the employer has not directly fired the employee. Rather the employer has failed to comply with the employment contract of employment, unilaterally changed the terms of employment, or expressed an intention to do either thus forcing the employee to quit. If employee quits within a reasonable period, they may claim wrongful dismissal, seeking compensation for breach of contract similar to a traditional termination or file a complaint under subsection 240(2) of the Canada Labour Code.

How Constructive Dismissal Affects Severance Pay

Constructive dismissal can affect severance pay. When employees resign due to intolerable work conditions caused by a breach of their employment contract, they may be entitled to severance pay, similar to traditional termination cases. The amount varies based on factors like length of employment and contract terms.

Employment Issues and How to Address Them

Employment Law Experience: Why it Matters

Employment law experience is important because it equips legal professionals with the knowledge and skills to handle complex workplace and employment issues effectively. Experienced employment lawyers can evaluate cases, provide practical advice, negotiate favorable settlements, and represent clients in court, ensuring the best possible outcome and protection of their legal rights.

Employment Issues that Require Legal Professionals

Employment issues requiring legal professionals include wrongful termination, workplace discrimination, harassment claims, contract disputes, labor law violations, and complex severance negotiations. Experienced legal professionals can provide guidance, protect legal rights, negotiate settlements, and represent clients to address and resolve these complex employment issues.

Legal Services for Employment Law Issues

Practical Advice for Employment Law Issues

For employment law issues, seek an experienced labour and employment lawyer promptly. Concurrently, ensure that you document all relevant details, maintain clear communication with your employer, and review your employment contract.

Edmonton Employers and Their Responsibilities
Employers and Employment Laws
Edmonton Employers must adhere to employment laws, which encompass wage and hour regulations, workplace safety, anti-discrimination, and labor standards. They are responsible for providing safe working conditions, fair wages, and proper documentation. Compliance with these laws is essential to ensure legal and ethical treatment of employees and to avoid legal consequences.

Employee Rights and Employment Rights

Understanding Your Employment Rights

Understanding your employment rights is of the utmost importance. They include fair wages, safe working conditions, freedom from discrimination, and protection from wrongful termination. Seek legal advice if you believe your legal rights have been violated.

Combined Experience in Defending Employment Rights

Combined experience in defending employment rights is vital. Experienced Employment Lawyers with diverse backgrounds and expertise can provide comprehensive representation for employees facing issues like discrimination, harassment, wrongful termination, and wage disputes. Their combined knowledge of workplace laws, provincial and federal laws enhances the ability to protect the legal rights of employees successfully.

Severance Packages and Reasonable Notice

Just Cause and Reasonable Notice Entitlements

In employment law, “just cause” refers to a valid reason for an employer to terminate an employee’s contract without providing notice or compensation. Examples include serious misconduct or incompetence. “Reasonable notice” is the notice period or compensation an employer must provide when terminating an employee without just cause, based on factors like length of employment and position.

Legal Advice on Severance Packages

Seeking legal advice on severance packages is essential because an experienced employment lawyer will evaluate your situation, assess the fairness of the offer, and if necessary, negotiate better terms on your behalf. They ensure you receive adequate compensation, protecting your legal rights and financial well-being during a job transition.

Labour Relations and Workplace Policies

General Litigation in Employment Cases

General litigation in employment cases involves legal actions taken by either employers or employees to resolve disputes related to employment issues. This can include matters such as wrongful termination, discrimination, harassment, wage disputes, and contractual disagreements.

Employment Law Services for Diverse Backgrounds

Employment law services for diverse backgrounds are important to address unique employment issues. This ensures equal protection and representation for individuals from various ethnic, gender, sexual orientation, and disability backgrounds. The experienced employment lawyers at Forum Law promote inclusivity, fight discrimination, and strive for equitable treatment in the workplace for all employees.

Why Choose an Experienced Employment Lawyer in Edmonton

Employment Lawyers Today: Your Go-To for Employment Law Issues

Employment lawyers at Forum Law are your trusted resource for various employment issues. We offer expert advice, representation, and solutions for issues like discrimination, wrongful termination, contract disputes, and workplace harassment. We strive to protect your legal rights, ensuring fair treatment and advocating for your interests in employment-related conflicts.

Contact Us for Sound Legal Advice on Employment Law

Contact our experienced legal professionals at Forum Law for expert employment law advice. Our team provides sound and practical legal advice and representation to address your employment issues effectively and successfully. Call or submit a request on the “Contact” page today to book a consultation with a member of our employment law team.