General FAQ
I did something wrong at work. Will you still help me?
We will still help you if you did something wrong. We are not here to judge you; we are here to help you. Give us a call.
What can I do if my Union will not help me?
If a union refuses to help an employee with an issue, or provides inadequate help, it might be a failure of the union’s “duty of fair representation” to the employee. An employment and labour lawyer can help you make a Labour Relations Board complaint or find another solution to this sort of problem.
What are my restrictions if I leave my employer and start competing?
Every employee has obligations to protect certain interests of their former employer, but certain management or client-facing employees, called “fiduciaries” have more substantial obligations. Usually these obligations include not soliciting former clients for a reasonable period of time after leaving, but usually you can compete. You could be personally liable if you are not careful with this, so you should speak to an employment lawyer first.
My boss is trying to get me to quit. What should I do?
Employers sometimes try to get their employees to quit, because they want to get rid of that employee but they do not want to pay severance. However, depending on what is happening, it might be “constructive dismissal”, and you might still be entitled to severance if you quit. Speak to an employment lawyer for help.
I left my employer. Can I compete with them now?
In many cases, you can compete with your former employer after you leave. This depends partly on whether you have signed a non-competition agreement or non-solicitation agreement, and partly on the position you had with your former employer. Certain high-up positions or client-facing positions have some obligations after leaving an employer, even if they have not signed a non-compete or non-solicit. Even if you signed a non-compete or non-solicit, it might not be enforceable. A skilled and experienced employment lawyer can help you understand your rights on this.
My Former Employer sued me. What should I do?
If you have been sued, you need to speak to an employment lawyer immediately. You have a very short time to defend against any lawsuit, even you do not agree with anything stated in it. The good news is, often employers will have a tough time holding an employee liable in damages if the employee gets legal advice right away.
Someone made a complaint to my professional college about me. What should I do?
If you have a complaint of professional misconduct against you, chances are your employment is in jeopardy and your professional college is investigating as well. You should speak to an employment lawyer right away to help you through this.
How can I tell if I am an employee or a contractor?
Generally, if you work for only one company full-time, there is a strong chance that you are legally considered an employee, even if your written contract says you are a contractor.
I just received a threatening letter from my former employer which says I need to “cease and desist” contacting clients and working for a competitor or they will sue me. What should I do?
If you have received a cease and desist letter from your former employer about clients or working for a competitor, you need to get an employment lawyer immediately to talk about your rights and obligations and protect yourself from potential liability.
What can I do if my professional college wants to investigate me for professional misconduct?
Your professional college is usually allowed to investigate you for professional misconduct, and you are generally required to cooperate with the investigation. However, if you are under investigation you should get a lawyer as soon as possible to advise you and help you protect your rights and interests.
Termination & Dismissal
I have a physical disability, and there is a part of my job I can’t do. Can my employer fire me?
An employer is required to accommodate a disability. Even if there is a part of your job you can’t do, your employer is probably not allowed to fire you for that. You should speak to an employment lawyer right away to help you handle this.
How much severance is a dismissed employee entitled to?
Severance is not the same for everyone, and it is determined on a case-by-case basis. The most common factors considered are age, years of service, and character of employment, but there are many other factors in different situations. It is worth speaking to an employment lawyer with skill and experience to identify the factors which help make the strongest severance argument in your case.
Can my employer just terminate my employment without a good reason?
Usually non-unionized employees can be terminated without a reason, as long as the employer provides you notice or severance. However, sometimes the circumstances of how you were terminated is not allowed, and in the case of federally-regulated employees like pilots, telecommunications workers or bank employees, just cause is often required. Speak to an employment lawyer to understand if your termination was illegal and/or if you got enough severance.
Do I have to look for work after having my employment terminated?
If an employee is terminated but has not accepted a severance offer, they do usually have an obligation to try to “mitigate” by looking for other work. Potential job sites include Indeed, Workopolis, and Government of Alberta Job Board.
Severance
How much severance is a dismissed employee entitled to?
Severance is not the same for everyone, and it is determined on a case-by-case basis. The most common factors considered are age, years of service, and character of employment, but there are many other factors in different situations. It is worth speaking to an employment lawyer with skill and experience to identify the factors which help make the strongest severance argument in your case.
If my boss fires me just before I was supposed to get a bonus, do they still have to pay it to me?
In many cases an employer is still required to pay out the bonus after terminating your employment. You should speak to an employment lawyer to assess your specific situation and provide you advice.
My company just clawed back my bonus because of the bad economy. Can they do that?
Whether or not you are entitled to a bonus or it is truly discretionary depends on the facts of your case. In many cases, if your company has set a precedent of paying out bonuses each year, they may be required to continue to do so, despite difficult financial circumstances. Speaking with an employment lawyer can help you understand your legal rights and entitlements to a bonus.
If I was dismissed for refusing to get COVID vaccinated, should I be getting severance?
If you were dismissed for refusing to get COVID vaccinated, you may be entitled to severance if there is no just cause for dismissal. Whether there is just cause will depend on your particular case, but relevant factors include whether you have a disability or religious exemption, whether you work remotely, and whether you work in a setting with people who are elderly or have compromised immune systems.
Constructive Dismissal
My boss just demoted me. What should I do?
A demotion is often considered “constructive dismissal”, which is where an employee is allowed to resign and sue for severance as if he or she were dismissed. If your boss had demoted you, you should speak to an employment lawyer right away about your options.
My company just cut my salary. Can they do that?
A salary cut is often considered to be “constructive dismissal”, which is where an employee is allowed to resign and sue for severance as if he or she were dismissed.
Is my manager allowed to ask me questions about my sex life?
Your manager is not generally allowed to ask you questions about your sex life, and if this is happening you may have a valid legal complaint such as harassment, constructive dismissal, or a human rights complaint. However, there are exceptions to this rule so if your manager is asking you these kinds of personal questions you should consult a lawyer right away.
Is my employer allowed to take away some of my sales territory?
Employers are allowed to manage their workforce, but they do not have unlimited rights to take things like sales territories away. If this is happening, you may have a legal complaint for unpaid wages or constructive dismissal.
Is my boss allowed to pay my wages late?
Employers are not allowed to miss pay days. Employers are generally required to pay employees at least once per month, and more frequently if that is the contract / arrangement between the worker and employer.
What should I do if Human resources has suspended me pending the outcome of an investigation?
If human resources has suspended you pending the outcome of an investigation, your employment may be at risk of being terminated and you may have a claim for unpaid wages or constructive dismissal. You should contact a lawyer immediately.
Wrongful Dismissal
Can my employer just terminate my employment without a good reason?
Usually, non-unionized employees can be terminated without a reason, as long as the employer provides you notice or severance. However, sometimes the circumstances of how you were terminated is not allowed, and in the case of federally-regulated employees like pilots, telecommunications workers or bank employees, just cause is often required. Speak to an employment lawyer to understand if your termination was illegal and/or if you got enough severance.
Can I be “deemed to resign” if I refuse to sign something my boss asked me to sign?
An employer does not get to deem you to have resigned. The courts determine if you have resigned or were dismissed based on intentions and other evidence. Employers sometimes try to convince employees they resigned in an attempt to deny you severance pay.
Is wrongful dismissal used to refer to terminations of employment that are morally wrong?
The use of the term wrongful in “wrongful dismissal” is primarily related to the fact that a termination of employment without sufficient notice is not allowed. The dismissal itself does not need to be considered harsh, insensitive, unfair or untruthful in order to be considered a “wrongful dismissal” in Alberta.
How does wrongful dismissal relate to reasonable notice and severance pay in Alberta?
An employee dismissed without reasonable notice of that dismissal is usually entitled to severance pay. The severance is also called “pay in lieu of reasonable notice” or “pay in lieu of notice”. The severance entitlement of every employee is different and unique and should be assessed directly by an employment lawyer at a consultation in your province.
Mitigation
Do I have to look for work after having my employment terminated?
If an employee is terminated but has not accepted a severance offer, they do usually have an obligation to try to “mitigate” by looking for other work. Potential job sites include Indeed, Workopolis, and Government of Alberta Job Board.
What happens to my severance pay if I get a job somewhere else after having my employment terminated?
If an employee gets a new job shortly after being dismissed, it could result in a reduction in severance pay they are owed. Whether the severance package will be reduced depends when the employee started receiving new income and how much they receive.
Unjust Dismissal
What kinds of employees are regulated under the Canada Labour Code?
The Canada Labour Code only applies to employees that work for federally regulated employers. Federally regulated employers are ones engaged in a “federal work or undertaking”, and include banks, telecommunications, airlines, radio and first nations.
Can any employee in Canada file a claim for unjust dismissal?
No. Unjust dismissal is a claim under Section 240 of the Canada Labour Code that an employer has terminated employment without just cause. The only employees that can make this claim are ones that work for federally regulated employers for 12 months or more, amongst other conditions.
Just Cause For Termination
I did something wrong at work, and my employer says it has just cause. Is there anything I can do?
If your employer says it has just cause, usually there is still something you can do. Most misconduct is not just cause for dismissal, and even if the misconduct is fairly bad you have options and often will be able to get severance.
If I was dismissed for refusing to get COVID vaccinated, should I be getting severance?
If you were dismissed for refusing to get COVID vaccinated, you may be entitled to severance if there is no just cause for dismissal. Whether there is just cause will depend on your particular case, but relevant factors include whether you have a disability or religious exemption, whether you work remotely, and whether you work in a setting with people who are elderly or have compromised immune systems.
Lay-Offs
Can my employer lay me off without pay?
Although the Employment Standards Code appears to allow this, some cases have found that an employer is not allowed to lay off an employee without pay, and that it counts as “constructive dismissal”, where the employee can quit and sue as if he or she were dismissed. Employers have strategies to improve the chances that a layoff will be allowed, so it is important that you get legal advice as soon as possible if you are given notice of a layoff.
Is a Permanent Lay-Off Allowed in Alberta?
An employer is generally allowed to transition a temporary lay-off to a permanent lay-off, but that is normally just the same as a dismissal of employment, resulting in the employee being owed severance (reasonable notice).
Workplace Rights & Protections
My boss just demoted me. What should I do?
A demotion is often considered “constructive dismissal”, which is where an employee is allowed to resign and sue for severance as if he or she were dismissed. If your boss had demoted you, you should speak to an employment lawyer right away about your options.
If my boss fires me just before I was supposed to get a bonus, do they still have to pay it to me?
In many cases an employer is still required to pay out the bonus after terminating your employment. You should speak to an employment lawyer to assess your specific situation and provide you advice.
Can my employer lay me off without pay?
Although the Employment Standards Code appears to allow this, some cases have found that an employer is not allowed to lay off an employee without pay, and that it counts as “constructive dismissal”, where the employee can quit and sue as if he or she were dismissed. Employers have strategies to improve the chances that a layoff will be allowed, so it is important that you get legal advice as soon as possible if you are given notice of a layoff.
I did something wrong at work, and my employer says it has just cause. Is there anything I can do?
If your employer says it has just cause, usually there is still something you can do. Most misconduct is not just cause for dismissal, and even if the misconduct is fairly bad you have options and often will be able to get severance.
Can my boss fire me if I have to be home with my kids?
An employer is required to accommodate your need to secure childcare for your child. This is a complicated issue and not all cases are the same. If this is happening at your workplace, speak to an employment lawyer right away for help.
Can I fire a Pregnant Employee?
An employer is generally allowed to terminate the employment of a pregnant employee, as long as the pregnancy is not a factor in the dismissal. If pregnancy is a factor, the termination is a discriminatory human rights violation in Alberta.
Should I file a harassment complaint at work?
Filing a workplace harassment complaint, or any complaint with human resources, can be dangerous and can backfire. Regardless of what the workplace policy says, speak to an employment lawyer before filing a harassment complaint at work.
Do I have to sign a written warning?
You should not sign a written warning if your employer is trying to get you to admit to something that did not happen. Sometimes written warnings just ask for an acknowledgment by the employee that they were warned, and if that’s true then you may be obligated to sign the warning. It is a good idea to always get legal advice before signing anything.
Discrimination
Can I fire a pregnant employee?
An employer is generally allowed to terminate the employment of a pregnant employee, as long as the pregnancy is not a factor in the dismissal. If pregnancy is a factor, the termination is a discriminatory human rights violation in Alberta.
Can my boss fire me if I have to be home with my kids?
An employer is required to accommodate your need to secure childcare for your child. This is a complicated issue and not all cases are the same. If this is happening at your workplace, speak to an employment lawyer right away for help.
I’m gay. Can my employer tell me not to bring my spouse to a work party?
Alberta employers must respect your human rights, including ones like sexual orientation. If others can bring their spouses to a work party but your same-sex spouse is not invited without good reason, you likely have a discrimination claim.
My supervisor rubbed my leg under the table and I am uncomfortable. What should I do?
Touching without consent is a common form of sexual harassment at work. Sexual harassment can lead to several different legal claims, including discrimination on the basis of gender.
My manager keeps making sexual jokes at work. Is this illegal?
Sexual jokes at work are sometimes a form of sexual harassment. Employers are generally required to keep the workplace free of discrimination, which includes sexual harassment.
Harassment
My boss is trying to get me to quit. What should I do?
Employers sometimes try to get their employees to quit, because they want to get rid of that employee but they do not want to pay severance. However, depending on what is happening, it might be “constructive dismissal”, and you might still be entitled to severance if you quit. Speak to an employment lawyer for help.
I am being bullied and harassed at work. Should I just quit?
Bullying and harassment in the workplace can cause a “constructive dismissal” in many cases. Before you issue your notice of resignation, speak with an employment lawyer to determine if you have a case for “constructive dismissal”, and how to leave your toxic workplace while still preserving your legal rights.
Where can I turn if Harassment and Bullying at work has left me severely depressed?
We can help you with legal representation if you have experienced harassment and bullying at work. If you need psychological help as well, some public information is available at Alberta Health Services.
Is my boss allowed to yell at me?
Your boss is not allowed to yell at you and treat you poorly. In many cases this can qualify as harassment or even “constructive dismissal”.
What should I do if my boss wants me to sign a warning letter for harassing another employee?
If your boss wants you to sign a warning letter for harassing another employee, it is important that you speak to an employment lawyer about the potential consequences first.
I was fired right after making a bullying complaint. Can my employer do that?
If your employment was terminated right after making a bullying complaint, it is a suspicious termination and might violate your employer’s policies or your rights. You should speak to a lawyer right away.
Human Rights
I have a physical disability, and there is a part of my job I can’t do. Can my employer fire me?
An employer is required to accommodate a disability. Even if there is a part of your job you can’t do, your employer is probably not allowed to fire you for that. You should speak to an employment lawyer right away to help you handle this.
I am allergic to the air where I work. Does my employer have to help me with this?
An employer is required to accommodate a disability. An allergy would be considered a disability in some cases, and an employer could be required to take measures to improve the air quality in order to accommodate you.
I have cancer. Do I have a right to leave work to attend medical appointments during the day?
Cancer will often be considered a disability that an employer must accommodate to the point of undue hardship. Your employer will likely be required to accommodate some absences, but the extent of the obligation will depend on the job and how much impact your absences for appointments have on your workplace.
Can my boss ask me to skip my morning prayers and work on my day of religious observance?
Praying time and other religious rites are protected under Alberta human rights. Employers will usually be required to accommodate sincerely held religious beliefs with things like unpaid time for prayer or religious observances.
Workplace Investigations
What should I do if human resources says there is a workplace complaint against me?
If you have a workplace complaint against you, you are required to cooperate with the investigation, but you still have rights. Speak with an employment lawyer to guide you through the process.
Is my manager allowed to ask me questions about my sex life?
Your manager is not generally allowed to ask you questions about your sex life, and if this is happening you may have a valid legal complaint such as harassment, constructive dismissal, or a human rights complaint. However, there are exceptions to this rule so if your manager is asking you these kinds of personal questions you should consult a lawyer right away.
What should I do if Human resources has suspended me pending the outcome of an investigation?
If human resources has suspended you pending the outcome of an investigation, your employment may be at risk of being terminated and you may have a claim for unpaid wages or constructive dismissal. You should contact a lawyer immediately.
Can I suspend an employee without pay?
Employers generally cannot suspend an employee without pay, but there are some exceptions. Employers can usually suspend with pay for short periods for administrative reasons such as workplace investigations into misconduct.
COVID-19
Do I have to go back to work during COVID-19?
Some employers have specific limitations imposed by the government, and they have to follow those. If your employer is allowed to be open, they are required to take steps to keep the workplace safe, like physical barriers, sanitization, masks policies, and distancing measures. If you are vulnerable to COVID because of age or other health reasons, your employer may need to go even further or may be required to allow you to stay home.
My employees do not want to come back to work during COVID-19. What can I do?
If you are an employer experiencing this issue, there are general rules and specific rules. You have to ensure you are allowed to be open and follow the government COVID rules, and to generally do everything within reason to keep the risk of infection low. For specific employees who are older or have health conditions, you may have to do even more or may not be able to insist they return to work right now. We highly recommend you speak to an employment lawyer on this before major mistakes are made.
My employer is strongly encouraging all employees to get vaccinated. Can I get fired if I choose not to get vaccinated?
Employers may feel obligated to encourage all employees to get a vaccination in order to get back to business as usual. Whether or not your employer can legally force you to get vaccinated, or can end your employment if you choose not to get vaccinated is a complicated legal issue, and the answer depends on the specific facts of each case. If you feel you are being pressured into getting vaccinated, speak with an employment lawyer to learn more about your legal rights concerning your personal health in the workplace, and how the law can protect you.
If I was dismissed for refusing to get COVID vaccinated, should I be getting severance?
If you were dismissed for refusing to get COVID vaccinated, you may be entitled to severance if there is no just cause for dismissal. Whether there is just cause will depend on your particular case, but relevant factors include whether you have a disability or religious exemption, whether you work remotely, and whether you work in a setting with people who are elderly or have compromised immune systems.
Contracts & Agreements
Can I still sue my employer if I signed a release already?
Signing a release makes it much harder to successfully sue your employer, but it is possible in some cases such as where the severance is below the minimum amount allowed or the employer forces the employee to sign. Speak to an employment lawyer to understand if you can still sue in your specific case.
What should I do if my employer wants me to sign an employment contract?
You should get legal advice before signing anything, especially an employment contract. Employment contracts can have a major impact on your rights, and the impact is not always obvious when you read through them.
Can I use my invention if I got dismissed?
If you invented something and your employment was terminated, you may or may not be able to use it now. Sometimes employers have rights to inventions made during your employment, especially where the invention relates to your former job with the employer. Get legal help before deciding whether to use an invention.
What sort of employment policies does my company need?
Typical policies include an employee handbook that deals with things like values, compensation, vacation, harassment, drugs and alcohol, conflict of interest, confidentiality, discipline, etc. Every company has different needs, and an employment lawyer can help you sort this out.
Employment Contracts
What should I do if my employer wants me to sign an employment contract?
You should get legal advice before signing anything, especially an employment contract. Employment contracts can have a major impact on your rights, and the impact is not always obvious when you read through them.
My employer has just given me an NDA agreement that contains some clauses I don’t agree with. What should I do?
You should get legal advice before signing anything, especially any new agreement that is separate from your employment contract. Non-competition, non-solicitation, and NDA agreements can have a major impact on your rights, and an employment lawyer can help you understand those impacts and how to push back if the agreement is unfair.
What is an independent contractor?
An independent contractor is a worker for a company, but not an employee of that company. Often, companies call workers “independent contractors” when those workers are actually employees and entitled to employee rights like severance.
How can I tell if I am an employee or a contractor?
Generally, if you work for only one company full-time, there is a strong chance that you are legally considered an employee, even if your written contract says you are a contractor.
Can I suspend an employee without pay?
Employers generally cannot suspend an employee without pay, but there are some exceptions. Employers can usually suspend with pay for short periods for administrative reasons such as workplace investigations into misconduct.
Employment Policy
What sort of employment policies does my company need?
Typical policies include an employee handbook that deals with things like values, compensation, vacation, harassment, drugs and alcohol, conflict of interest, confidentiality, discipline, etc. Every company has different needs, and an employment lawyer can help you sort this out.
My employer has just introduced a new policy that I don’t feel is fair. What should I do?
Employers have the discretion to introduce new policies in the workplace from time to time, but you also have the legal rights concerning how those policies are introduced and what is contained in the policies. An employment lawyer can help you understand whether the new policy is actually legal, and what you can do if it isn’t.
Is my boss allowed to pay my wages late?
Employers are not allowed to miss pay days. Employers are generally required to pay employees at least once per month, and more frequently if that is the contract / arrangement between the worker and employer.
Independent Contractors
Do independent contractors or employees have more rights?
Employees have far more protected rights than a true independent contractor has, including all basic employment standards protections. Many independent contractors also arguably have no human rights protections at work.
Are contractors entitled to severance?
When a contract for services of an independent contractor is terminated, the contractor will generally be entitled to whatever notice the contract specifies, and are not entitled to severance. However, the written contract is not the only consideration, because many contracts state that the worker is a contractor when a judge would say they are an employee and therefore entitled to severance.
Non-Competition & Non-Solicitation
I left my employer. Can I compete with them now?
In many cases, you can compete with your former employer after you leave. This depends partly on whether you have signed a non-competition agreement or non-solicitation agreement, and partly on the position you had with your former employer. Certain high-up positions or client-facing positions have some obligations after leaving an employer, even if they have not signed a non-compete or non-solicit. Even if you signed a non-compete or non-solicit, it might not be enforceable. A skilled and experienced employment lawyer can help you understand your rights on this.
I want to leave my employer. Can I take my clients with me?
Sometimes you can take clients with you when you leave, but in many cases you cannot. If you make the wrong call on this you could be sued by your former employer, so you should get advice from an employment lawyer before trying this.
I just received a threatening letter from my former employer which says I need to “cease and desist” contacting clients and working for a competitor or they will sue me. What should I do?
I just received a threatening letter from my former employer which says I need to “cease and desist” contacting clients and working for a competitor or they will sue me. What should I do?
Employer & Employee Issues
My employer is saying that I will only receive my statutory termination pay if I don’t sign their release by a certain date. Is that true?
Your statutory termination pay is often only a fraction of the compensation you are entitled to under the law. It is important to review your severance package with an employment lawyer before you sign off on it because often times, the more an employer is pressuring you to sign off on it, the worse the offer actually is. Have a consultation with an employment lawyer to learn about your legal entitlements on termination, and whether the package offered to you measures up.
What should I do if human resources says there is a workplace complaint against me?
If you have a workplace complaint against you, you are required to cooperate with the investigation, but you still have rights. Speak with an employment lawyer to guide you through the process.
What can I do if my employer violated my privacy?
If an employer violates your privacy, you may have a variety of legal claims against them, but there is also some public information available at the website for the Alberta Information and Privacy Commissioner.
Who can I talk to if my boss wants me to do something unsafe at work?
If your boss is asking you to do something unsafe at work, you may have a variety of legal claims against them, but there is also some public information available at the website for Alberta Occupational Health and Safety.
Is my employer allowed to take away some of my sales territory?
Employers are allowed to manage their workforce, but they do not have unlimited rights to take things like sales territories away. If this is happening, you may have a legal complaint for unpaid wages or constructive dismissal.
Fiduciary Obligations
What are my restrictions if I leave my employer and start competing?
Every employee has obligations to protect certain interests of their former employer, but certain management or client-facing employees, called “fiduciaries” have more substantial obligations. Usually these obligations include not soliciting former clients for a reasonable period of time after leaving, but usually you can compete. You could be personally liable if you are not careful with this, so you should speak to an employment lawyer first.
A new company is looking to hire me, but I have a non-competition agreement with my former employer. What should I do?
It is exciting to have a new job opportunity, but non-competition agreements should be dealt with cautiously. There are creative ways to pursue new employment opportunities without exposing yourself to a lawsuit from your former employer, and an employment lawyer can help you find a solution.
Employee Sued By Employer
My Former Employer sued me. What should I do?
If you have been sued, you need to speak to an employment lawyer immediately. You have a very short time to defend against any lawsuit, even you do not agree with anything stated in it. The good news is, often employers will have a tough time holding an employee liable in damages if the employee gets legal advice right away.
My Former Employer is asking me to help them in an ongoing lawsuit. What should I do?
If you are being asked to help your former employer with a lawsuit that does not involve you specifically, you may rightly be concerned about how assisting them may impact your current work obligations and whether or not you could be subpoenaed to testify or assist them. Depending on your position with your former employer you may have an obligation to provide information and testimony in their current lawsuit, but you also have rights and entitlements as well. Speak with an employment lawyer to understand where your obligations to your former employer ends, and to understand the sort of compensation you can ask for.
I just received a threatening letter from my former employer which says I need to “cease and desist” contacting clients and working for a competitor or they will sue me. What should I do?
If you have received a cease and desist letter from your former employer about clients or working for a competitor, you need to get an employment lawyer immediately to talk about your rights and obligations and protect yourself from potential liability.
Can An Employer Sue an Employee?
An employer can sue an employee in some circumstances, such as where the employee has engaged in gross negligence, has stolen money, has unfairly solicited clients, or has misused the employer’s confidential information or property.
How Long Does An Employer Have to Sue an Employee?
An Alberta employer will generally have two (2) years to sue an employee from when it knew or ought to have known that it had suffered an injury as a result of the employee’s actions. However, there are exceptions to this general rule, so if you think you may have a claim against an employee, contact an employment lawyer immediately.
Professional Regulation
Someone made a complaint to my professional college about me. What should I do?
If you have a complaint of professional misconduct against you, chances are your employment is in jeopardy and your professional college is investigating as well. You should speak to an employment lawyer right away to help you through this.
What can I do if my professional college wants to investigate me for professional misconduct?
Your professional college is usually allowed to investigate you for professional misconduct, and you are generally required to cooperate with the investigation. However, if you are under investigation you should get a lawyer as soon as possible to advise you and help you protect your rights and interests.
What happens if my professional body finds me guilty of professional misconduct?
If your professional body finds you guilty of professional misconduct, you could be liable for a whole range of penalties, including a published decision, education courses, financial penalties like fines and having to pay the cost of the hearing, or even having your license suspended or revoked. Often the penalty can be negotiated with the professional body.
Union & Labour Law
As a unionized employee, can I sue my employer directly or do I have to go through the union?
Unionized employees usually have to go through the union and cannot sue their employers directly. Sometimes they can sue the employer directly where the collective agreement does not cover the issue or for human rights / discrimination matters.
What can I do if my union refuses to file a grievance for me?
If your union refuses to file a grievance for you, you may be able to file a Duty of Fair Representation complaint within 90 days or to appeal your union’s decision not to grieve.
My union stopped my grievance at Step 2 and won’t go to arbitration. Is there anything I can do?
If your union stopped your grievance at Step 2 and won’t go to arbitration, you may be able to file a Duty of Fair Representation complaint within 90 days or to appeal your union’s decision to stop your grievance.
How do I file a Duty of Fair Representation Complaint against my union?
We can help you draft and file a duty of fair representation complaint against your union. Some public information is available at the Alberta Labour Relations Board.