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Please Note:
The descriptions for the legal terms in this employment law glossary have been simplified by Bow River Law LLP so that they can be more easily understood by non-lawyers. Nothing in this glossary is intended to be legal advice. These descriptions are intended for people to get a basic general understanding of the terms, and are not intended to provide complete legal definitions.
The actual legal definitions of these terms often contain legalease which is less accessible to non-lawyers but is also more technically accurate and complete. If you have a potential legal issue, you should get advice directly from a lawyer.
Employment Law Terms in Alberta
1. Accommodation
The process of an employer modifying work conditions for an employee with a protected human rights ground, to the point of undue hardship. Protected human rights grounds include disability, religion, family status, pregnancy, and gender.
2. Administrative Suspension
When an employee is suspended from work for administrative purposes, usually with pay, and not for the purpose of discipline. This can happen in cases of a workplace investigation involving alleged misconduct of the employee.
3. Administrative Tribunal
A specialized quasi-judicial body that regulates some industry or behavior, and which is distinct from a Court. Examples include the Alberta Human Rights Tribunal for regulating human rights and the CRNA Tribunal for regulating registered nurses.
4. Affidavit
A written statement confirmed by oath or affirmation. It is used as evidence in legal proceedings and can hold significant weight.
5. Affidavit of Records
A sworn statement containing a list of all the producible records in the control of someone in a legal action. Each party in a legal action needs to provide one to the other parties.
6. Age discrimination (ageism)
When an employee suffers a negative impact at work that is connected to their age. This could include being treated poorly or being fired for being old. Age discrimination is illegal in Alberta.
7. Aggravated Damages
A type of damages that can be awarded by a court or tribunal to a successful party. Employees often receive these awards in wrongful dismissal cases for bad faith termination of employment.
8. Alcohol & Drug Policies
Policies intended to prohibit or regulate impairment or use of alcohol or drugs at work. These policies often set out testing rules and procedures and describe consequences of breach.
9. Alternative Dispute Resolution (ADR)
Forms of resolving legal disputes that are alternatives to going to a trial in court. ADR can include mediation or arbitration.
10. Alberta College of Paramedics (ACP)
The body responsible for regulating the licensing requirements and discipline of paramedics in Alberta.
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11. Alberta College of Pharmacy (ACP)
The body responsible for regulating the licensing requirements and discipline of pharmacists in Alberta.
12. Alberta Court of Appeal
The highest appeal court in Alberta, which generally considers appeals from the Court of King’s Bench. An appeal beyond this court to the Supreme Court of Canada requires permission (called “leave”).
13. Alberta Court of Justice
The small claims court in Alberta, with jurisdiction to consider most civil claims up to a maximum amount. This court was previously called the Provincial Court of Alberta.
14. Alberta Court of Justice Monetary Limit (Jurisdiction)
The maximum amount a person can currently sue for in the Alberta Court of Justice is $100,000. This jurisdictional limit is set by regulation and was recently increased from $50,000.
15. Alberta Employment Standards Code
Governs minimum employment standards in Alberta, including vacation pay, overtime, and termination. Employers must comply with these minimum standards.
16. Alberta Federation of Labour (AFL)
The Alberta provincial trade union federation of the Canada Labour Congress. The AFL assists and lobbies for unions and unionized workers in the province.
17. Alberta Human Rights Act
Prohibits discrimination in Alberta based on many different protected characteristics. This includes skin color, race, gender, age, religion, pregnancy, sexual orientation, disability, and family status.
18. Alberta Labour Laws
Laws creating rules around the organization and direction of the workforce in Alberta. These give employers certain rights and provide employees with certain rights and protections.
19. Alberta Labour Relations Board
The administrative tribunal that decides labour disputes and employment standards appeals in Alberta. This includes certification, collective bargaining, duty of fair representation complaints, unfair labour practices, and grievance arbitration.
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20. Alberta Labour Relations Code
Regulates the relationship between unions, employers, and employees in Alberta. It covers union certification, collective bargaining, DFR complaints, unfair labour practices, and grievance arbitration.
21. Alberta Occupational Health and Safety Code
The detailed workplace safety rules in Alberta. The OH&S Code is a major regulation under the Alberta Occupational Health and Safety Act.
22. Applications Judge
A Judge of the Court of King’s Bench of Alberta with jurisdiction to make orders on most legal issues. An order of an Applications Judge can be appealed to a Justice of the Court of King’s Bench.
23. Applicant
The person bringing an application to ask a Court or Tribunal to do something. This could include anything from procedural remedies to final determinations or judgments.
24. Arbitration
A method of dispute resolution where an independent arbitrator makes a binding decision. Sometimes parties must use Arbitration to resolve disputes, but sometimes it is a voluntary alternative to court.
25. Arbitration Clause
A clause in an agreement stating that if the parties have a legal dispute they must use an arbitrator to resolve it instead of a court. In employment contracts, Arbitration Clauses are sometimes unfair and unenforceable.
26. Arbitrator
A person who makes a binding decision on a civil dispute between two or more parties. They are like Judges but their powers are created by special statutes or agreed to by disputing parties.
27. Association of Women Lawyers
A Non-profit Alberta Society whose purpose is to help female lawyers. It connects them, helps them with their careers, and celebrates their accomplishments.
28. At Will Employment
An employment arrangement that can be terminated by either party without notice to the other. This type of employment is not legal in Alberta because it violates employment standards.
29. Bad Faith Termination
Where an employer terminates an employee’s employment in a harsh or insensitive manner. This kind of dismissal can result in an award of aggravated damages for the employee.
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30. Bardal Factors
Age, years of service, and character of employment are the main factors considered relevant to an employee’s reasonable notice period (severance). However, there are many other unique factors Judges have considered to be relevant under a Bardal analysis.
31. Bereavement Leave
Job-protected leave for employees who have a family member die or experience a miscarriage. The protection lasts for 3 days and is guaranteed for most employees under the Alberta Employment Standards Code.
32. Blog (Employment Law)
An online location where ideas, knowledge, and insight into employment law is shared by employment lawyers with the public. These can serve as a source of legal news and research for lawyers and non-lawyers.
33. Blue Pencil Severance
Where a Court amends an illegal or unenforceable clause by striking out the problematic words, and then imposes the amended clause on the parties. Blue Pencil Severance is different from Notional Severance, where the Court is less restrained in amendments.
34. Bona Fide Occupational Requirement (BFOR)
Employers use this as a defence when the Alberta human rights commission determines they appear to have discriminated against an employee with a job requirement. Employers will argue that the job requirement is not discrimination because it is a Bona Fide Occupational Requirement.
35. Bonus (Discretionary and Non-Discretionary)
Discretionary bonuses are given at the employer’s discretion, while non-discretionary bonuses are guaranteed upon meeting certain conditions. Courts do not usually consider predictable bonuses to be truly discretionary, and they are often part of severance.
36. Breach of Employer Policy
Occurs when an employee is required to follow an employer policy but they don’t. Policies commonly breached include ones related to absenteeism, confidential information, and conflicts of interest.
37. Breach of Employment Contract
Occurs when one party fails to fulfil their contractual obligations. This can result in the contract ending or one party suing the other for damages.
38. Breach of Non-Competition Clause
Occurs when an employee has agreed not to compete with their employer but competes anyway. These clauses are often contained in employment agreements and are often not legally enforceable.
39. Calculating Reasonable Notice
The art of determining the range of reasonable notice a dismissed employee is likely entitled to. Each situation is unique, and calculation requires a thorough employment lawyer consultation to get it right.
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40. Calgary Courts Centre
The main court building in Calgary, Alberta. It is located downtown at 601 5 St SW, Calgary, AB T2P 5P7.
41. Canada Labour Code
The employment standards law that applies to all federally regulated employers and employees in Canada, including in Alberta. Federally regulated industries include banks, airlines, and telecommunications.
42. Canadian Bar Association (CBA) – Employment Law Section (Alberta South)
The CBA is the largest professional association for lawyers in Canada. The Alberta Employment Law section of the CBA aims to educate and mentor its member lawyers in practicing employment law.
43. Canadian Human Rights Act
The human rights law that applies to all federally regulated employers and employees in Canada, including in Alberta. Federally regulated industries include banks, airlines, and telecommunications.
44. Canadian Model For Providing a Safe Workplace
This is commonly adopted in Alberta and Canada as the alcohol and drug policy applied on construction sites. Employers often require their employees and contractors to comply with this policy and take drug or alcohol tests.
45. Cause for Dismissal
When the trust in an employment relationship has broken down and an employer can dismiss without providing reasonable notice. Usually requires multiple instances of less serious misconduct and warnings or fewer instances of serious misconduct.
46. Case Law
A large body of past common law court decisions which provides guidance for future disputes. It provides guidance to lawyers in legal argument and to judges and arbitrators in making decisions.
47. Casual Employee
An employee who voluntarily picks up shifts at their convenience, but is not on a schedule set by their manager. Casual employment is considered different than part-time or full-time.
48. Chief of Commission and Tribunals
The highest office at the Alberta Human Rights Commission. The Chief can review decisions of the Director, but a decision of the Chief can usually only be reviewed by judicial review to King’s Bench.
49. Choice of Forum / Choice of Law
Clauses in a contract where the parties have agreed they will resolve disputes in a certain location (forum) or under certain rules (law). These are sometimes unenforceable in employment contracts.
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50. Civil Claim
The document a plaintiff files to start a lawsuit in the Alberta Court of Justice. The current maximum amount that can be included in a civil claim is $100,000. Wrongful dismissal lawsuits for severance are often started by Civil Claim.
51. Civil Enforcement Agency
A company that specializes in recovering money for creditors in Alberta. Their activities can include garnishment, seizing vehicles or other assets, and foreclosures.
52. Civil Law
Deals with disputes between individuals or organizations. Typically involves determining rights to compensation (damages), and is different than criminal law. Employment law is generally civil law and not criminal law.
53. Cliff Vesting
When entire long-term incentive compensation grants become payable to an employee at once, typically on the second or third anniversary. Different than tranche vesting, where a portion of a grant becomes payable to the employee each year for several years.
54. Code of Conduct
An employer policy which requires employees to behave in specified ways. They outline accepted behavior, contain employee procedures, and describe consequences of breach.
55. Collective Bargaining Agreement (CBA)
A contract between an employer and a union representing employees, which covers things like wages, hours, and other employment conditions. CBA’s are important documents defining the rights and obligations of everyone in the workplace.
56. College of Licensed Practical Nurses of Alberta (CLPNA)
The body responsible for regulating the licensing requirements and discipline of licensed practical nurses in Alberta. CLPNA aims to protect the public by maintaining high competence and professionalism standards of its nurses.
57. College of Registered Nurses of Alberta (CRNA)
The body responsible for regulating the licensing requirements and discipline of registered nurses in Alberta. CRNA aims to protect the public by maintaining high competence and professionalism standards of its nurses.
58. Commissions
Compensation given to an employee based on a percentage of sales or profit. Some commission employees are paid entirely on commission, while some have a base salary as well.
59. Commissioned Salesperson
A sales employee paid in whole or in part by commissions. Some of these employees are paid entirely by commission, while some receive both salary and commission.
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60. Common Employer
Where there is more than one legal entity considered by law to be the employer of an employee for the same employment activities. This can result in the employee having the legal right to sue either of the employers for severance.
61. Common Law
The whole record of past court decisions which guide judges in resolving future disputes. It is also called “judge made law”, and is used in Alberta and throughout Canada.
Bonuses given to employees based on the performance of the company and not generally the individual. These are distinct from Individual Performance Bonuses.
63. Compassionate Care Leave
Job protected leave for an employee who provides support to a gravely ill family member who might die. The leave can last up to 27 weeks in Alberta and requires a medical certificate.
64. Complainant
The person who files a complaint. This could be a complaint using a work policy, or a legal complaint such as unprofessional conduct or a human rights violation.
65. Concurrent Jurisdiction
When more than one judicial body has jurisdiction to consider the same legal issue. For example, the Alberta Labour Relations Board and the Alberta Human Rights Commission sometimes have concurrent jurisdiction over human rights complaints.
66. Condonation
When someone has lost the right to complain about something by allowing it to occur, usually over time. Employers sometimes condone bad employee behavior, and employees sometimes condone compensation changes.
Sensitive information that someone wants to keep private. Employers often consider their trade secrets and pricing to be confidential information.
68. Confidentiality Agreement
A legal contract that protects sensitive information from being disclosed to the public. Employers often require employees to sign confidentiality agreements to protect their trade secrets and pricing.
69. Conflict of Interest Policy
A policy requiring employees to avoid activities which could cause their personal interests to compete with the interests of the employer. These usually have procedures for avoiding and reporting conflicts and consequences for breaching the policy.
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70. Consensus ad idem
When all parties entering an agreement have the same understanding of what the agreement terms are. Consensus ad idem is required for an agreement to be legally binding.
71. Consideration
The benefit flowing to each of the parties in a contract. Consideration is a fundamental part of a contract and is required for a contract to be legally binding. Employment contracts without fresh consideration are not normally enforceable.
72. Construction Workers
Workers employed in the construction sector. There are some special employment and labour rules in Alberta which affect construction workers but not workers in the other sectors.
73. Constructive Dismissal
When an employer unilaterally changes a substantial term of employment or shows they will not follow the employment contract, forcing the employee to resign. When this happens, the employee has the same rights as if they had been dismissed by the employer.
74. Constructive Dismissal Claims
Legal claims that arise when an employee resigns due to substantial changes in employment terms. A successful constructive dismissal claim will result in the same compensation as a successful wrongful dismissal claim.
75. Contingency Fee
A payment arrangement where a lawyer’s fee is contingent upon getting money for their client. Typically, it is a percentage of the settlement or judgment.
76. Contract for Services
A contract where services are provided to a company by a worker who is not an employee. Usually, the worker is called a contractor or independent contractor.
77. Contractor
A worker who provides services but who is not an employee. Contractors can be independent contractors or dependent contractors.
78. Competition Clause
A clause in an employment agreement which aims to prevent an employee from competing with the employer during employment and after employment ends. These are considered a restrictive covenant and are often not enforceable in Alberta.
79. Court of King’s Bench
The main Court in the Province of Alberta, with jurisdiction to decide most legal disputes including appeals from the Alberta Court of Justice and judicial reviews from tribunals. There is no maximum claim amount, and appeals from King’s Bench are to the Alberta Court of Appeal.
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80. Critical Illness Claims
Can refer to an illness insurance claim or a leave where an employee is critically ill.
81. Critical Illness of Child Leave
Job protected leave for employees who have a critically ill child or are legally responsible for one. This leave is guaranteed for up to 36 weeks under the Alberta Employment Standards Code.
82. Cross Examination on Affidavit
When a person who has sworn an affidavit is asked questions about the affidavit by an opposing lawyer. Cross examination is intended to test and clarify the evidence in an affidavit and to challenge the credibility of the person who swore it.
83. Culminating Incident
The final act out of a series of blameworthy acts by an employee, which becomes the focus of an argument of just cause for dismissal. The history of employee misconduct is used as context for why the final act is more serious than it would otherwise be.
84. Culpable Absences
Employee work absences that are not permitted under law, contract or management. Employees are required to be at work unless their absence is permitted, so being absent without permission is legally blameworthy.
85. Damages for discrimination
Money awarded by a human rights tribunal to compensate a person who has been discriminated against and to prevent further discrimination. Damages for discrimination are often a combination of lost wages and general damages for pain and suffering.
86. Damages for termination
Money awarded by a civil court to compensate an employee whose employment has been terminated without enough notice. Generally it is the money an employee would have earned if they had continued to work during a reasonable period of termination notice.
87. Death or Disappearance of Child Leave
Job protected leave for an employee with a child that has disappeared or who has died as a result of a crime. The leave is guaranteed under the Alberta Employment Standards Code for up to 52 weeks for disappearance or 104 weeks for death.
88. Deemed Continuous Employment
Under the Alberta Employment Standards Code, the employment of an employee is considered to be continuous when the business they work for is sold or transferred to another business. Continuous employment matters because it can affect things like vacation and termination pay.
89. Defendant
The party being sued by a plaintiff in a civil action, or the accused in criminal action. In employment law, the defendant is usually an employer but can sometimes be an employee.
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90. Defined Benefit Pension
A pension plan where the pension benefits paid to an employee are determined by a formula, usually based on age and years of service. The employer normally funds the pension, and the monthly pension benefits are not based on plan investment performance.
91. Defined Contribution Pension
A pension plan where the benefits are determined by the money contributed to the plan by the employee or employer on the employee’s behalf. The plan invests the money and the value of benefits at retirement are based on the performance of the investments.
92. Demand Letter
A letter which claims a legal entitlement to something and demands that another party provide it. Demand Letters seek money or property and are used as an attempt to settle a dispute prior to civil litigation. Employment lawyers often use them to negotiate severance.
93. Demotion
Occurs when an employer takes away or reduces the job title, responsibilities or compensation of an employee. A significant demotion can be the basis for a constructive dismissal claim, which can result in severance.
94. Dependent Contractor
A worker who is not an employee and not an independent contractor, but somewhere in-between those. Dependent contractors have some of the same legal protections as employees, and they often work exclusively for one employer.
95. Dependent Contractor Agreement
An agreement between a dependent contractor worker and their employer which states that the worker is not an employee. Courts consider these as part of determining if a worker is an employee.
96. Digital Evidence
Describes evidence in electronic form, as opposed to hard copy evidence. It could include an email, recording, or metadata.
97. Digital Harassment
Workplace harassment conducted through digital means like email or social media. Employers are required to prevent and address all forms of harassment at work, including Digital Harassment.
98. Digital Records
Any record in electronic format. This includes things like emails, Word documents, Excel spreadsheets, recordings, pictures, scans, and PDF documents.
99. Director liability
Refers to the personal liability of a director regarding the actions of the company they work for. Directors can be liable for unpaid wages of employees under the Alberta Business Corporations Act.
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100. Disability Accommodation
The process of an employer adjusting work conditions for an employee with a disability to the point of undue hardship. Employees are required to accept reasonable accommodation proposals from employers.
101. Disability in the Workplace
This includes all aspects of managing employee disability needs and workplace requirements. This is governed by provincial and federal laws and includes managing absences, accommodations, and legal protections.
102. Disciplinary Suspension
When an employee is suspended from work in order to discipline the employee for misconduct, usually without pay. This can trigger a grievance or a constructive dismissal claim in many cases.
103. Discipline Policy
A workplace policy describing employee conduct which could result in discipline, and the procedure for discipline. Usually these state that minor misconduct will result in warnings and more serious misconduct will result in suspension or termination of employment.
104. Discretionary Bonus
Bonuses given to employees at times or amounts that are at the discretion of the employer. Where the amount or timing of bonuses is predictable, they are not usually classified by Courts as discretionary.
105. Discrimination
When an employee experiences an adverse impact at work that is connected to an Alberta human rights ground. Human rights grounds include gender, race, skin color, sexual orientation, disability, pregnancy, and religion.
106. Dishonesty at Work
Considered to be one of the most serious forms of employee misconduct, and often used to establish just cause for dismissal. Dishonesty at work is not always just cause for dismissal, and the context is always considered.
107. Dismissal without notice
When an employer terminates the employment of an employee without informing them in advance. Employees in Alberta are entitled to notice of dismissal if there is no just cause.
108. Documentary Production
The process where each party in civil litigation provides all the relevant and material records in their possession to the other parties. These are called producible documents and can be contained in an Affidavit of Records.
109. Drug Testing
The process of testing employees to determine if they have certain drugs in their blood or urine. This is usually done under a policy and can include pre-employment, post-incident and random drug testing.
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110. Duty of Confidentiality
The duty all employees owe to their employers to keep sensitive information of their employers from becoming public. The Duty of Confidentiality exists at common law but can be affected by employment contracts and confidentiality agreements.
111. Duty of Fair Representation (DFR)
The duty all unions owe to all union members to represent their interests fairly under the Alberta Labour Relations Code or otherwise. Unions can be imperfect and make mistakes without violating the Duty of Fair Representation.
112. Duty of Fidelity
An employee’s obligation to act in the best interests of their employer, avoiding conflicts of interest. This duty exists at common law for all employees, but is affected by written contracts and is broader for key employees.
113. Duty of Good Faith and Fair Dealing
An employer’s duty to its employees to treat them honestly and in good faith. The Duty of Good Faith is really important at the time of termination of employment but could also affect negotiations and contracts.
114. Duty of Loyalty
An employee’s duty to remain loyal and not engage in activities harmful to their employer. Directors and other key employees owe a high duty of loyalty to act in the best interests of their employers.
115. Duty to Accommodate
Employer obligations to take reasonable steps to accommodate employee needs, such as disabilities, religious practices, pregnancy and childcare. The Duty to Accommodate comes from human rights, and requires employers to accommodate human rights grounds to the point of undue hardship.
116. Duty to Evaluate Fairly
All employers are required to provide a fair evaluation of a probationary employee before dismissing them in a probationary period. Employers terminating employment during probation without fairly evaluating suitability are breaching this duty.
117. Duty to Inquire
An employer’s duty to ask an employee if performance problems are connected to a human rights ground such as disability. The duty to inquire is relevant when an employee is absent due to disability or misbehaves as a result of a drug or alcohol addiction.
118. Duty to Investigate
The duty of an employer to investigate employee complaints, misconduct, accidents and potential workplace harassment or discrimination. Employers breaching this duty can have difficulty claiming just cause, and liability in OH&S, constructive dismissal or human rights.
119. Duty to Mitigate
The duty of an employee to minimize the damages they have suffered after termination of employment. Dismissed employees must seek reasonably comparable alternative employment, and are not required to accept significantly lower wages.
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120. Duty to Provide a Safe Workplace
The duty of an employer to do everything they reasonably can to ensure the health and safety of their employees is protected. This requires limiting workplace hazards and ensuring employees and supervisors are trained in safety under Alberta OH&S.
121. Earnings
The wages, overtime pay, vacation pay, general holiday pay and termination pay of an employee. The Alberta Employment Standards Code regulates entitlement to earnings, timing of payment, and record keeping by employers.
122. Education Act
One of the main laws regulating public, catholic, private and charter schools and teachers in Alberta. The Education Act creates rights and rules regarding education of students in the province.
123. Employee Benefits
Non-wage compensation provided to employees, including health and dental benefits, retirement plans, and paid time off. Employee benefits are often outlined in employment contracts.
124. Employee Complaint
When an employee informs an employer or legal body that one of their workplace legal rights is not being met. Employees usually make complaints under workplace policies, to human resources, employment standards, or the Alberta Human Rights Commission.
125. Employee Definition
An Employee is a worker who is not a partner, dependent contractor, or independent contractor.
126. Employee Handbook / Employee Manual
Documents containing workplace policies for things like employee compensation, vacation and expected behavior. They usually have sections on sick time, confidentiality, technology use, conflicts of interest, discipline, and termination of employment.
127. Employee Harassment
Any unwanted words or actions directed towards another person at work that are known to be offensive to that person. Employee harassment can result in constructive dismissal or a human rights claim in Alberta.
128. Employee Health Benefits
Non-wage benefits related to the health and well-being of employees. These can include health spending accounts, prescriptions, vision, dental, massage, and short term and long term disability.
129. Employee Misconduct
When an employee’s behavior at work is not what an employer reasonably expects of them. Employee Misconduct can include dishonesty, theft, absences, insubordination, insolence, intoxication, violence, and conflict of interest.
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130. Employee Obligations
All employees are required to be loyal and carry out the reasonable and lawful tasks assigned to them by their employers. Employee obligations exist under common law, but can also come from employment contracts and employer policies.
A process used by an employer to improve an employee’s work performance or as a step towards termination of employment. Employers using performance management usually warn employees that failure to improve could result in dismissal for cause.
The process by which an employer evaluates and addresses employee performance, usually annually. This includes providing feedback, setting expectations, and committing to development goals. Performance review scores are often used in employee bonus calculations.
133. Employee Liability
Employees can be liable to their employers for breaching implied or written contractual obligations. Employees are usually not liable for the financial costs of a mistake they make. Directors and fiduciary employees have more personal liability than most employees.
134. Employee Rights
Employees have the right to insist that their employers comply with employment standards, safety laws, and employment contracts. Employees can also make complaints to bodies like OH&S, Employment Standards, Labour Relations Board, and the Alberta Human Rights Commission.
135. Employer Obligations
Employers are required to comply with all employment standards laws, and to comply with employment contracts. Some employment contract terms are implied by law, while others are agreed verbally or in writing.
136. Employer Rights
Employers have the right to insist that their employees carry out reasonable and lawful tasks assigned to them and comply with their employment contracts. Employer Rights exist under common law, but can also come from statute, employment contracts, and policies.
137. Employment Agency
Sometimes called a headhunter, it’s a business licensed to secure individuals for employment with employers in Alberta. They are paid by the employers and are not allowed to charge the employees a fee.
138. Employment Agreement
The legal agreement between an employer and an employee outlining the terms of employment, such as compensation and job duties. An employment agreement can be implied, verbal, written, or a combination of these. Also called an employment contract.
139. Employment Contract
The legal agreement between an employer and an employee outlining the terms of employment, such as compensation and job duties. An employment contract can be implied, verbal, written, or a combination of these. Also called an employment agreement.
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140. Employment Contract Amendment
A change in the terms of employment between an employer and employee. Usually, it involves a change to some aspects of employment like job title or compensation, while leaving some of the original terms in place.
141. Employment Contract Negotiation
The art of negotiating the terms of employment between an employer and an employee. Usually employment contract negotiation involves discussion of compensation, job duties and termination severance.
142. Employment Discrimination
Unfair treatment of employees based on characteristics such as race, gender, age, pregnancy, religion or disability. Alberta’s Human Rights Act provides protections against employment discrimination and requires accommodation of employees.
143. Employment Equity
A principle that ensures fair treatment in the workplace, addressing disparities based on gender, race, or other protected characteristics. Different genders performing the same or similar work must receive equal pay under Alberta human rights.
144. Employment Insurance (EI) Benefits
A federal program that provides limited financial assistance to workers who do not have income in certain situations. EI is temporary and can be available in cases of lay-off, dismissal, illness or maternity leave. EI is provided by Service Canada and governed by the Employment Insurance Act.
145. Employment Insurance (EI) and Severance Pay
Employment Insurance does not cover the same periods of time covered by severance pay or reasonable notice. When an employee receives a severance payment after receiving EI, usually they are required to repay some of the EI.
146. Employment Law
The law regarding the rights and obligations of employers and employees. Employment Law comes from the common law and laws about employment standards, human rights, privacy, and safety. Employment laws are different in each Canadian province including Alberta.
147. Employment Lawyer
A lawyer that is specialized in employment law. Employment lawyers draft policies and contracts and advise and represent employers and employees in workplace disputes. Employment lawyers also often help dismissed employees get severance packages.
148. Employment Lawyer Consultation
An initial meeting between an employment lawyer and an employee or employer regarding legal rights or obligations. Consultations in Alberta should be thorough in order for the employment lawyer to provide high quality legal advice.
149. Employment Law Firm
A law firm specialized in employment law. Employment law firms draft policies and contracts and advise and represent employers and employees in workplace legal disputes. They also often help secure severance pay.
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A form of alternative dispute resolution where a mediator helps resolve employment disputes. Using an employment mediator can prevent the cost and delay of resolving a matter in a Court.
151. Employment Policy Manual
A manual containing workplace policies for things like employee compensation, vacation and expected behavior. They usually have sections on sick time, confidentiality, technology use, conflicts of interest, discipline, and termination of employment.
152. Employment Records
Every employer must keep records regarding an employee’s hours of work, wage rate, overtime, earnings and deductions. Required employment records are set out in the Alberta Employment Standards Code.
153. Employment Standards Appeals
An appeal by an employer or employee from the decision of an employment standards officer. Appeals are to the Employment Standards Appeal Body, which is the Alberta Labour Relations Board.
154. Employment Standards Code (ESC)
The main Alberta law setting out the minimum employment standards employees are entitled to. The ESC has rules regarding hours of work, wages, overtime, lay-off, leaves and termination pay.
155. Employment Standards Complaint
A complaint by an employee to an officer that an employer has failed to comply with the Alberta Employment Standards Code. A complaint could be that the employee was suspended, terminated, laid off, not paid correctly, or denied a job protected leave.
156. Employment Standards Officer
A person with the power to administer and enforce the terms of the Alberta Employment Standards Code. Employment Standards Officers can conduct inspections and investigations, determine if the ESC has been complied with, and make orders for compensation.
157. Employment Dismissal
When an employer ends the employment relationship between itself and an employee. Employers are usually required to provide reasonable notice of termination (severance).
158. Employment Termination
When an employment relationship ends involuntarily through dismissal or voluntarily through resignation. Employment termination also includes constructive dismissal, which is triggered by employee resignation but is considered by courts to be a wrongful dismissal.
159. Employment Termination With Cause
When the trust in an employment relationship has broken down and an employer can dismiss without providing reasonable notice. Usually requires multiple instances of less serious misconduct and warnings, or fewer instances of serious misconduct.
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160. Employment Termination Without Cause
When an employer dismisses the employment of an employee, but does not have just cause to do so. Termination without cause usually requires an employer to provide reasonable notice, also called severance.
161. Executive Compensation
Compensation for executive employees typically includes more performance incentives and equity potential than compensation for non-executives. Executive compensation can include commissions, pension, bonuses, shares, stock options, and performance warrants.
162. Executive Employment Agreement
An employment agreement for an employee in an executive management position in a company. Executive employment agreements are usually more technical and impose more significant obligations on employers and employees than non-executive ones.
163. Extended Health Benefits
Employee health benefits that also provide some health coverage for their family members. Extended health benefits can include prescription, dental, vision and massage.
164. Failure to Mitigate
When an employee has failed to take reasonable steps to find comparable employment in the notice period and would not have found employment if they had. Employers must prove failure to mitigate, usually by showing that the employee ignored opportunities or turned down a job.
165. Farm Employees
Employees who are employed in farming or ranching operations have special employment standards rules in Alberta. They generally have different work hours and holiday pay rules and are not owed overtime pay.
166. Federally Regulated Employer
Federally regulated employers include banks, airlines and telecommunications companies. They are required to comply with the federal employment standards outlined in the Canada Labour Code.
167. Fiduciary Duty
Fiduciary employees are key employees with a duty to put the interests of their employer ahead of their own. They also have other special obligations such as non-solicitation of clients after termination of employment.
168. Fiduciary Liability
Fiduciary employees have more legal obligations to their employers than regular employees and are more likely to have personal liability. Fiduciaries are sometimes ordered to pay damages to their employers resulting from bad or dishonest behavior or for soliciting clients after they leave.
169. Fiduciary Non-Competition
There is no general fiduciary employee duty of non-competition against former employers in Alberta. However, fiduciaries are not allowed to misuse confidential information or unfairly pursue opportunities they learned about during their employment.
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170. Fiduciary Non-Solicitation
A fiduciary has a duty not to solicit the clients of their former employer for a reasonable period after their employment ends. Courts determine reasonable periods of non-solicitation in each case, and these can range from a few months to over a year.
The law establishing rules for collection, use, disclosure and access of personal information held by public bodies in Alberta. This can include information about public sector employees.
172. Family Status Discrimination
When an employee experiences an adverse impact at work that is connected to their family status. This is often triggered when someone needs accommodations for childcare.
173. Fiduciary Employee
Most employees are not fiduciaries. A fiduciary employee is someone in a position of trust, and whose employer is vulnerable to their exercise of discretion. They are generally key employees in upper management.
174. Final Warning
A warning given to an employee for misconduct or poor performance which states that it is the final warning. Usually, it also states that if the employee does not improve, their employment could be terminated for cause.
175. Fixed-Term Contracts
An employment contract that has a clearly specified start date and end date. These conclude on their end date without severance. However, if the employer terminates them early, the employee can be owed the whole unpaid balance as severance.
176. Fixed-Term Employee
An employee who is employed under a fixed-term employment contract. Fixed-Term employees have most of the same rights as indefinite employees, but severance works differently.
177. Fixed-Term Employment Agreement Breach
A fixed-term employment agreement is a contract where the employer and employee each have rights if the other breaches it. If an employer dismisses the employee before the end of the term, the employer normally owes the employee the money for the remainder of the term.
178. Flexible Work Arrangements
An arrangement between an employer and employee which allows the employee more control and flexibility around when or where they do their work. Includes remote work, hybrid work, telecommunicating and condensed work weeks.
179. Forced Resignation
When an employer does things which give an employee no reasonable choice but to resign from work. A forced resignation is a constructive dismissal in Alberta, and entitles an employee to reasonable notice severance.
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180. Frustration of Contract
When an unforeseen event occurs which makes it radically different for a party to honor the contract. An employment contract can be frustrated where a person is permanently disabled, a business burns down, or a new government regulation destroys a business.
181. Fundamental Breach
A breach by an employer or employee that goes to the root of the employment contract. When an employer commits a fundamental breach it results in constructive dismissal, and when an employee commits one it results in just cause for dismissal.
182. Gag Order (Publication Ban)
When a court orders someone to refrain from making public specific documents, court files or other materials. Employees can have similar non-disclosure obligations in settlements, but those obligations come from agreed contracts and not court orders.
183. Gaslighting
A manipulative tactic that involves making someone question their perception of reality, sanity or memory. In workplaces, gaslighting is a form of dishonesty used to undermine an employee.
184. Gender Discrimination
When an employee experiences an adverse impact at work that is connected to their gender. This discrimination is governed by the Alberta Human Rights Act, and includes pregnancy discrimination.
185. Gender Identity Discrimination
When an employee experiences an adverse impact at work that is connected to their gender identity. This discrimination is governed by the Alberta Human Rights Act.
186. Gender Pay Gap
Refers to the historical pay inequality between men and women performing the same or similar work. The gender pay gap continues to exist, including in Alberta.
187. General Damages
Damages that are not directly based on financial losses. General damages can be awarded to compensate an employee for pain and suffering related to bad faith dismissal or discrimination.
188. Gig Economy
A labor market characterized by short-term contracts or freelance work instead of traditional longer-term employment. Gig workers often have different employment terms and benefits than long term employees.
189. Golden Handcuffs
A compensation scheme weighted to valuable long-term incentives that will not be paid if the employee resigns. Golden handcuff compensation typically involves modest salary with large bonuses and stock options.
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190. Golden Parachute
A large severance package given to an executive in specific situations. Typically triggered by dismissal where there is a change of control or merger. Golden parachute compensation often exceeds regular severance and is a risk for a purchaser.
191. Good Reason Clause
A clause in executive employment contracts allowing them to resign for “good reason” and receive severance. These are sometimes triggered by change of control or changes to the employee’s duties or compensation.
192. Gradual Return to Work
When an employee goes on a medical leave and returns gradually to full time working hours or duties. These are supported by medical notes and usually it takes weeks or months to return to full time.
193. Grievance Arbitrator
An adjudicator certified to decide the merits of labour grievances that the union and employer cannot resolve. The legal hearing is called a grievance arbitration.
194. Grievance Procedure
A formal process outlined in a collective bargaining agreement for resolving disputes about employment terms. It allows employees and unions to make complaints to employers and contains steps for resolving them.
195. Grievor
A grievor is an employee in a unionized workplace that has filed a grievance against the employer.
196. Gross Misconduct
Describes workplace misconduct that is serious and not trivial. It usually justifies discipline and is sometimes just cause for dismissal. Examples of gross misconduct could include theft, dishonesty, insubordination and insolence.
197. Harassment Complaint
A complaint filed by an employee alleging that someone is harassing or bullying them at work. Harassment complaints are normally filed under a workplace policy or with human resources.
198. Harassment in the Workplace
Unwanted workplace behavior that demeans or humiliates an employee and can create a hostile work environment. Alberta law requires employers to address harassment and maintain a safe workplace.
199. Harassment-Free Workplace Policy
An employer policy prohibiting harassment at work and outlining how complaints are handled. These policies usually specify consequences for violation and promise no retaliation for bona fide complaints.
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200. Holiday Pay
Pay required to be given to an Alberta employee for any statutory holiday, if it lands on a weekday they would usually work. The Employment Standards Code requires that this be paid at time and a half if they work the day, or regular time if they are given the day off.
201. Human Resources Manager
The employee in a company in charge of human resources functions such as payroll, workplace policies, hiring, discipline and firing. In large companies there can be several human resources managers, each with one or more of these functions.
202. Human Rights Complaint
A complaint to the Alberta Human Rights Commission by someone alleging they have been discriminated against by someone, usually an employer. Grounds for discrimination include sex, gender, pregnancy, sexual orientation, race, skin color, family status, and disability.
203. Human Rights Conciliation
A step in the human rights complaint process where a conciliator asks questions and tries to get the parties to resolve the complaint.
204. Human Rights Director
The position in Alberta human rights with authority to gather information, make procedural orders, screen complaints, dismiss complaints, and refer complaints to the human rights tribunal for a hearing.
205. Human Rights Lawyer
A lawyer specializing in advising and representing clients in human rights matters. Employment lawyers and labour lawyers are often also human rights lawyers.
206. Human Rights Officer
A position of the Alberta Human Rights commission tasked with administering human rights complaints by the Director, including to make inquiries and handle conciliations and mediations.
207. Human Rights Retaliation
An adverse action against a person who has made or attempted to make a complaint under the Alberta Human Rights Act. Human Rights Retaliation is prohibited in Alberta and a person experiencing it can make a retaliation complaint.
208. Human Rights Tribunal
The main administrative body with authority to interpret and enforce the Alberta Human Rights Act. The Tribunal carries out human rights hearings and handles appeals from decisions of the Director.
209. Implied Employment Agreement
Where there is an employer-employee relationship at common law, but no precise verbal or written employment agreement. Implied employment agreement terms include that the employee will be paid for work completed and receive reasonable notice of termination.
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210. Incentive Compensation
Employee compensation that is tied to performance or long term retention, and is typical in sales or management roles. Incentive compensation is different than base salary, and can include commissions, bonuses, and stock options.
211. Indemnification Agreement
An agreement which explicitly assigns risk of liability and damages between parties. It is common for a severance release to contain an indemnity which makes the employee liable for any incorrect income tax remittances made by the employer.
212. Independent Contractor Agreement
A written agreement which attempts to establish that a worker is an independent contractor and not a dependent contractor or employee. This can help limit employer liability, but Courts always consider the substance of the relationship to determine if a worker is an employee or contractor.
213. Inducement
When an employer persuades an employee to leave their current job for a new position. This can cause a higher severance award from the new job, especially where it is terminated within a few years.
The office responsible for interpreting and enforcing privacy laws in Alberta. These laws include the Personal Information Protection Act and the Freedom of Information and Protection of Privacy Act.
215. Injunction Application
A Court application by a party seeking a Court Order directing someone else to do or refrain from doing something. It is common for employers to seek injunctions preventing former employees from soliciting clients or competing.
216. Innocent Absenteeism
Employee absences from work that are permitted or excused and do not cause discipline. Innocent Absenteeism is different than culpable absenteeism, which can cause discipline.
217. Insolence
When an employee behaves in disrespectful manner towards a superior employee such as their supervisor or manager. Insolence is serious employee misconduct which can result in just cause for dismissal. It is distinct from insubordination.
218. Insubordination
When an employee refuses to carry out a task lawfully assigned to them by their superior. Insubordination is serious employee misconduct which can result in just cause for dismissal. It is distinct from insolence.
219. Job Protected Leave
Work absences that are protected so that employers cannot dismiss employees for them under the Alberta Employment Standards Code. Job protected leaves include maternity leave, parental leave, bereavement leave and compassionate care leave.
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220. Judicial Review
The process of having a Court review the decision of an administrative decision maker in Alberta to determine if it should be overturned. Decisions are usually only overturned on judicial review if they are unreasonable.
221. Judiciary
Refers to the system of provincial and federal courts which resolve legal disputes in Canada. The judiciary is independent of the executive and legislative functions of government.
222. Judge (Justice)
A decision maker with the authority to resolve legal disputes in Alberta. Judges preside over the Alberta Court of Justice and the Alberta Court of King’s Bench.
223. Jurisprudence
A large body of past common law court decisions which provides guidance for future disputes. It provides guidance to lawyers in legal argument, and to judges and arbitrators in making decisions. Jurisprudence is a synonym of case law.
224. Just Cause
The legal basis for terminating the employment of an employee without notice or pay in lieu of notice. Just Cause requires serious misconduct or repeated minor misconduct.
225. Key Employee
An employee in a position of trust or authority, usually senior management or executive management. Key Employees are sometimes also fiduciaries, with special obligations to their employers.
226. Labour Relations Officer
A person with authority to carry out specific administrative functions in Alberta labour relations disputes, such as investigations, reports and scheduling.
227. Last Chance Agreement
An agreement which describes behavior expected of an employee and makes clear that dismissal could result if the employee breaches it. These are common in unionized workplaces as a negotiated alternative to dismissal of an employee.
228. Law Society of Alberta
The professional body responsible for regulating lawyers and the practice of law in Alberta. The Law Society sets standards for competence and ethics and handles complaints about lawyers.
229. Lawschools
Institutions licensed by a province to provide legal education and certification for lawyers. The lawschools in Alberta are the University of Alberta Faculty of Law and the University of Calgary Faculty of Law.
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230. Lay-off / Layoff
A temporary absence from work imposed by an employer on an employee, usually unpaid. Layoffs are permitted under the Employment Standards Code but often cause a constructive dismissal.
231. Legal Costs Award
A sum of money ordered to be paid by one party to another party by a judge or other adjudicator, to compensate for legal costs. Most costs awards only cover a portion of actual legal fees incurred.
232. Litigation
The process of resolving legal disputes in a legal forum. Legal forums for litigation include the Alberta Court of Justice, the Alberta Court of King’s Bench, the Alberta Labour Relations Board and the Alberta Human Rights Commission.
233. Litigation Plan
A plan outlining the timing for when certain steps in a lawsuit will be completed by the parties. Litigation Plans can be agreed to between parties or imposed by order of the Court.
234. Liquidated Damages
Damages that accrue in an exact amount when one party breaches a contract. They are not a penalty, but a bona fide pre-estimate of the financial harm experienced by the other party by the breach.
235. Liquidated Severance Clause
A clause in an employment contract which specifies the amount of severance payable to the employee when employment is terminated. The amount is not affected by income the employee earns elsewhere after termination.
236. Local Authorities Pension Plan (LAPP)
A pension plan for employees of municipalities and some educational institutions in Alberta. LAPP is the largest pension plan in Alberta.
237. Long Term Disability (LTD)
Disability insurance to replace income for employees who are unable to work and earn income for longer periods. LTD normally covers 60% to 70% of employee income and starts after short term disability ends.
238. Long Term Incentive Plan (LTIP)
A compensation plan where bonuses are announced but then paid out later or over time. Employers often cancel any LTIP awards that have not yet been paid by the date of employment termination. Employees often have legal claims for LTIP awards that are cancelled.
239. Make Whole Damages
Damages awards that put the employee in the position they would have been in if they had not been legally wronged. Make Whole Damages are sometimes awarded in human rights and labour cases.
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240. Management Rights Clause
A clause in most collective agreements which specifies that management has the right to organize and direct their operations.
241. Managed-Out
When management treats an employee in such a manner to either build a case for just cause dismissal or cause the employee to quit. These employees will receive unexpected negative performance reviews and harsh discipline.
242. Manager
An employee in a position of authority over at least one other employee or over a company department. Senior managers often have managers reporting to them.
243. Mandatory Dispute Resolution
A Court of King’s Bench process requiring that parties attempt to settle a legal dispute outside of trial before booking a trial. This is required by the Alberta Rules of Court, and the process could include a mediation or Judicial Dispute Resolution (JDR).
244. Marshalling Proceedings
A procedure which allows the Alberta Labour Relations Board to direct whether and when it and other decision makers will decide employment disputes in unionized workplaces. Marshalling gives the ALRB more procedural power in complex labour disputes than other tribunals.
245. Maternity Discrimination
When a pregnant employee or new mother experiences an adverse impact from their employer that is connected to their maternity. Pregnancy and gender discrimination are covered by the Alberta Human Rights Act.
246. Maternity Leave
An unpaid job protected leave for a pregnant employee which starts before the delivery date and lasts 16 weeks. After that time, a mother on maternity leave can start parental leave which lasts another 62 weeks under the Alberta Employment Standards Regulation.
247. Maximum Reasonable Notice Period / Maximum Severance
The “rough upper limit” of reasonable notice is 24 months. Severance pay beyond this maximum is rare and can only be awarded in exceptional circumstances.
The process by which parties meet and attempt to resolve their dispute voluntarily with the help of a mediator. This is a form of alternative dispute resolution and is different than court.
An impartial person who helps the parties in a legal dispute to resolve the dispute without going to a hearing. Mediators are usually selected by the agreement of all the parties.
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250. Mental Disability Discrimination
When an employee with a mental disability experiences an adverse impact at work that is connected to their disability. Employers must accommodate employees with mental disabilities under the Alberta Human Rights Act.
251. Minimum Wage
The lowest hourly wage an employer can legally pay its employees, as set out in the Alberta Employment Standards Code. The amount has changed over time.
252. Minister of Labour
The cabinet minister responsible for labour issues in a province. In Alberta, the current correct term is the Minister of Jobs, Economy and Trade.
253. Mitigation
When a party entitled to legal damages is able to reduce the damages the other party owes them. If a dismissed employee obtains income shortly after dismissal, they have mitigated some of the severance damages the employer owes them.
254. Moral Damages
Damages awarded to an employee where a dismissal breaches the duty of good faith and the employee suffers. Also called Aggravated Damages or Wallace Damages.
255. Morning Chambers
Where most procedural disputes and less complicated disputes in litigation are decided by a Judge in Court. In Alberta, complicated matters often require Special Chambers, and matters requiring verbal evidence require a trial.
256. Negotiation
A process by which parties attempt to resolve a dispute outside of litigation. Negotiation can occur before or after a lawsuit is filed, but happens between the parties and outside of court.
257. Non-Compete Clause
A clause in an employment agreement or employer policy which restricts an employee’s rights to compete. Non-compete’s are often not legally enforceable.
258. Non-Competition Lawsuit
A lawsuit by an employer to stop a former employee from competing or to recover damages for improper competition. Often the employer will seek an injunction and sue the new employer as well.
259. Non-Disclosure Agreement (NDA)
A written agreement where a party agrees not to disclose something publicly. NDA’s often protect trade secrets and business information and are often included in severance settlements and releases.
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260. Non-Disclosure Clause
A clause which requires a party to refrain from disclosing something publicly. Non-Disclosure Clauses are often included as part of a larger contract or as part of a dismissal settlement agreement.
261. Non-Discretionary Bonus
A bonus which is consistent or predictable in timing and amount, often determined by a formula. Most bonuses are not considered truly discretionary and are part of severance entitlements.
262. Non-Disparagement
A clause in an agreement which requires that a party not say negative things about the other party, even if true. Disparagement is different from defamation, because anything that is true is not defamatory.
263. Non-Solicit Clause
A clause in an employment agreement or employer policy which restricts an employee’s rights to solicit clients or employees. Non-solicit’s are often not legally enforceable.
264. Non-Solicitation Agreement
An agreement which restricts an employee’s rights to solicit clients or employees for a period of time. To be enforceable, these must be clear and reasonable in terms of subject matter, time, and geography.
265. Notional Severance
Where a Court amends an illegal or unenforceable clause by re-writing it, and then imposing the amended clause on the parties. Notional Severance is different than blue pencil severance, which is more restrained.
266. Occupational Health and Safety (OHS)
A set of laws and regulations ensuring workplace safety. Employers must provide a safe work environment and comply with OHS standards.
267. Occupational Health and Safety Act
The legislation in Alberta governing workplace safety standards.
268. Occupational Health and Safety Code
The main regulation in Alberta governing workplace safety standards. The Code is a large set of rules and is a Regulation under the Occupational Health and Safety Act.
269. Officer Liability
Officers of a corporation have liability if they breach a duty under the Alberta Business Corporations Act. Officer duties include acting with care, diligence and skill, honestly, and in the corporation’s best interests.
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270. OH&S Committee
A workplace committee created for purposes of safety cooperation between an employer and its employees. This is called a Joint Health and Safety Committee under Alberta OH&S laws.
271. OH&S Complaints
Employees can make a complaint to OH&S Alberta if they believe there is imminent danger at work or if they are disciplined or dismissed for complying with OH&S laws.
272. OH&S Liability
Any person who does not follow OH&S laws in Alberta can be fined up to $500,000 or imprisoned for up to 6 months. The fines and prison terms increase after the first offence.
273. Overtime
Hours worked exceeding 8 hours per day or 44 hours per week under the Alberta Employment Standards Code. Overtime hours are paid out at 1.5 times wage rate or result in paid time off.
274. Overtime Agreement
An agreement between an employee and employer stating that the employee will receive time off with pay instead of overtime pay for overtime hours worked. These are allowed in Alberta.
275. Overtime Exempt Employees
Employees that are not entitled to overtime under employment standards laws. In Alberta, this includes supervisors, managers, certain salespeople, and professionals such as accountants, engineers and geologists.
276. Overtime Pay
Pay provided to an employee for working overtime hours of more than 8 hours in a day or 44 in a week. Overtime pay is required under Alberta employment standards and can also be required under employment contracts.
277. Overtime Rate
Employment standards requires overtime to be paid at a rate of 1.5 times the employee’s regular wage rate. Time off can also be provided in lieu of overtime, but that is just at 1 times the employee’s regular wage rate.
278. Overtime Regulations
The Alberta Employment Standards Regulation describes many exceptions to normal overtime rules for certain types of employees.
279. Owner-Operator
A worker who owns the main equipment or machine they are using at work. It is common for truck drivers to be owner-operators.
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280. Ownership of Intellectual Property
Legal rights associated with inventions or creations made or used by an employee during employment. These rights are often governed by specific clauses in employment contracts or employment policies.
281. Pain and Suffering Damages
A type of damages award to compensate an employee for pain and suffering resulting from bad faith dismissal or discrimination. These are general damages.
282. Pandemic-Related Employment Law
Employment law disputes arising from pandemic workplace policies related to masking, testing, vaccination, and remote working.
283. Parent Discrimination
Discrimination related to family status, pregnancy, gender and childcare obligations. Parent Discrimination is covered by other discrimination grounds specifically named in the Alberta Human Rights Act.
284. Paternity Discrimination
Paternity Discrimination is not a term used in Alberta Human Rights. Discrimination grounds that would cover the same sorts of issues are family status and gender.
285. Paternity Leave
Leave from work that is associated with the birth of a child. Paternity Leave is not the term used in the Alberta legislation, but either parent may take Parental Leave as an unpaid job protected leave.
286. Pay Equity
The principle of equal pay for the same or similar work, regardless of gender. Alberta’s Human Rights Act seeks to address the gender pay gap with Pay Equity.
287. Pay in Lieu of Notice
A payment to an employee by an employer equal to the money the employee would have earned if they had been provided actual reasonable notice of termination. Often referred to as severance pay.
288. Penalty Clause
A clause in an agreement which imposes a monetary penalty on a party for breaching the agreement. These are different from liquidated damages clauses, and are often not legally enforceable.
289. Pension Benefits
Compensation paid to an employee from a pension plan when the employee retires.
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A bonus paid to an employee, where the amount is determined by how well the employee has performed. Management and executive employees are often compensated in part by performance bonuses.
Benchmarks and key performance indicators (KPIs) outlined in employment policies, employment contracts and discipline documents. They define the job standards an employee must meet.
A plan imposed on an employee by management which describes expected behaviors and requires improvement within a timeframe. Employees who fail to improve under a PIP are often dismissed, sometimes with just cause.
A meeting between an employee and supervisor which evaluates job performance and sets behavioral and developmental expectations. These are typically annual and can affect compensation, bonuses, and promotions.
A form of incentive pay which is usually long term and tied to share price growth and performance. PSU’s are common among management and executive employees and are used as a retention tool.
295. Personal and Family Responsibility Leave
Job protected leave of up to 5 unpaid days per year where necessary for the health of an employee or family member under the ESC. Further protection is available for family status and disability under the Alberta Human Rights Act.
Personal Information of an employee that is reasonably required by an employer to establish, manage or terminate employment. Collection, use and disclosure of this information is regulated under the Personal Information Protection Act.
297. Personal Information Protection Act (PIPA)
The legislation which regulates the collection, use and disclosure of personal information in Alberta by non-governmental organizations. PIPA is the private sector version of FOIP.
298. Piercing the Corporate Veil
When a Court holds the directors or shareholders of a corporation personally liable for the actions of the corporation. This can occur where an individual who has a high level of control over the corporation is abusing that control to make the corporation act for improper purposes.
299. Precedent
A historical legal case that sets out legal principles which are binding or persuasive on future cases. Precedent can also refer to a legal document used as a template for creating other legal documents.
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300. Provincial Employment Laws
The common law of employment is different in each province, and each province has its own set of employment laws. In Alberta, the employment laws include the Employment Standards Code, Alberta Human Rights Act, and the Occupational Health and Safety Act.
301. Physical Disability Discrimination
When an employee experiences an adverse impact at work that is connected to their physical disability. An employer must accommodate a disabled employee to the point of undue hardship and not otherwise discriminate against them in Alberta.
302. Place of Origin Discrimination
When an employee experiences an adverse impact at work that is connected to their place of origin. This discrimination is prohibited by the Alberta Human Rights Act.
303. Plaintiff
The person in a lawsuit that is suing another person for something in a Court. Employees who sue their employers for wrongful dismissal are plaintiffs.
304. Policy Grievance
A grievance in a unionized workplace related to the interpretation of a collective agreement or that relates to a group of employees.
Work performance of an employee that is below the standard reasonably expected of them by their employer. Poor work performance can be the basis for just cause dismissal, but usually requires warnings and a chance to improve.
306. Pre-Trial Conference (PTC)
A meeting in the Alberta Court of Justice between the parties and a Judge with the purpose of settling the dispute or making procedural orders. Matters that do not settle at a PTC are usually given a trial date.
307. Pregnancy Human Rights
Human rights protections related to pregnancy. These include an employer’s duty to accommodate a pregnant employee and not terminate their employment for being pregnant.
308. Prima Facie Discrimination
The legal phrase which applies when a human rights complainant establishes that: (1) they have a protected characteristic (2) they experienced an adverse impact (3) the protected characteristic was a factor in the adverse impact.
309. Probationary Employee
A new employee that can sometimes have their employment terminated without notice if they are unsuitable for the role. Probationary employees are still sometimes able to sue for wrongful dismissal.
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310. Probationary Period
The Employment Standards Code allows termination without statutory notice in the first 90 days of employment. Employees terminated in a probationary period may still be able to sue for wrongful dismissal in Court.
311. Procedural Fairness
Procedural fairness is a common law duty requiring a decision maker to act fairly in the process they use to make a decision. An unfair hearing or a biased decision maker are violations of this duty.
312. Professional Employees
Employees with certifications that are regulated by a professional body or college. Professional Employees include lawyers, accountants, engineers, geologists, paramedics, nurses and doctors.
313. Professional College
A body that regulates the licensing requirements, education, behavior and discipline of a professional. Professional colleges in Alberta include ACP, ADAC, CPA, CLNPA, CPSA, CRNA, and LSA.
314. Professional Discipline
When a regulated professional engages in unprofessional conduct and is sanctioned by their professional body for it. Professional discipline can include fines, mandatory education, license suspension, and license cancellation.
315. Professional Regulation
Regulating the licensing requirements, education, behavior and discipline of professionals in Alberta. Professionals are regulated by professional colleges or bodies.
316. Professional Misconduct
Behavior by a regulated professional that is below the standards required by their professional college or body. It is also called unprofessional conduct and can lead to discipline, including fines, mandatory education, license suspension, and license cancellation.
317. Progressive Discipline Policy
A policy describing the formal process an employer uses to discipline employees for misconduct or poor performance. Typical steps are verbal warning, written warning, suspension and dismissal.
318. Provincial Court of Alberta
The former name of the current Alberta Court of Justice. The Provincial Court of Alberta handled small claims with a value of up to $50,000, but the Alberta Court of Justice goes up to $100,000.
319. Public Sector Employers Act
Legislation in Alberta governing employment standards in the public education, health, and public agency sectors. Many of these workplaces are unionized and also subject to the Alberta Labour Relations Code.
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320. Public Sector Pension Plans Act
Alberta legislation governing the Management Employees Pension Plan and the Public Service Management (Closed Membership) Pension Plan.
321. Punitive Damages
Damages awarded to an employee to punish an employer for harsh and insensitive termination of employment. Punitive Damages are similar to aggravated damages but they have a different purpose.
322. Questioning (Discovery)
The litigation process where each party is allowed to ask the other party questions relating the issues in the lawsuit to determine facts, and to attempt to discover records that are not yet produced.
323. Quiet Firing
When management treats an employee in such a manner to either build a case for just cause dismissal or cause the employee to quit. Quiet Firing is the same as managing out an employee.
324. Quitting
When an employee voluntarily terminates their employment. Employees are usually required to give 1 or 2 weeks’ notice when they quit, but some employment contracts ask for more.
325. Race Discrimination
When an employee experiences an adverse impact at work that is connected to their race. Race discrimination by an employer is prohibited under the Alberta Human Rights Act.
326. Random Drug Testing
When an employee is required to undergo drug testing but is not given advance notice by their employer. Random drug testing is more extreme than pre-employment and post-incident testing and is often considered an illegal violation of privacy in Alberta.
327. Reasonable Notice
The period of notice an employer is required to give an employee that their employment will be terminated. Employers often provide pay in lieu of reasonable notice instead of actual notice. Reasonable notice is commonly called severance.
328. Reasonable Notice Settlement
A settlement where an employer pays money to an employee and the employee agrees not to sue for wrongful dismissal. Reasonable notice settlements can occur before an employee starts a lawsuit during a lawsuit prior to trial.
329. Recall to Work
When an employer provides notice in writing to an employee on lay-off that they are to return to work. Under the Employment Standards Code, a recall notice must state that the employee is required to return to work within 7 days.
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330. Regulated Professional
An employee with an occupational certification that is regulated by a professional college. Regulated professionals include accountants, engineers, geologists, paramedics, nurses and doctors.
331. Reinstatement
When an employee that has been wrongfully terminated is given their job back. Reinstatement can be voluntary or ordered in legal proceedings in labour and human rights in Alberta.
332. Release of Liability
A document signed by an employee which takes away the employee’s right to sue their employer for anything related to their employment. Releases are signed in wrongful dismissal settlements in exchange for severance pay.
333. Religion Discrimination
When an employee experiences an adverse impact at work that is connected to their religion. An employer must accommodate a religious employee to the point of undue hardship in Alberta. This could include providing space to pray or allowing time off for religious holidays.
334. Reservist Leave
An unpaid job protected leave provided to Canadian armed forces reservists who are deployed or sent for training. Reservist leave is for up to 12 weeks under the Alberta Employment Standards Code.
335. Resignation
When an employee voluntarily terminates their employment. Employees are usually required to give 1 or 2 weeks’ notice when they resign, but some employment contracts require more. Resignation is also called quitting.
336. Resignation Notice
Notice given by an employee to an employer that they are ending their own employment on a specific date. Under Alberta employment standards, employees must give 1 week of notice if employed less than 2 years, and 2 weeks’ notice if employed longer.
337. Respondent
A party in a legal proceeding who has an application made against them by an applicant. A court can make an order against a respondent even if they refuse to participate in the proceeding.
338. Restricted Share Unit (RSU)
A form of incentive pay which is usually long term and tied to share price growth. RSU’s are similar to Performance Share Units, but RSU’s are not usually tied to performance.
339. Restrictive Covenant
Clauses in employment contracts that limit an employee’s actions post-employment, such as non-compete or non-solicitation agreements. These are often not legally enforceable.
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340. Retainer Agreement
A contract between a lawyer and a client outlining the scope of services and payment terms. Retainer agreements usually require an upfront payment called a retainer.
341. Rules of Court
The Alberta Rules of Court is the main regulation setting out how litigation works and is required to be conducted in Alberta Courts. Other important legislation includes the Court of Justice Act and the Court of Appeal Act.
342. RRSP Matching
A practice where an employer matches employee RRSP contributions on behalf of the employee, up to a maximum percentage of earnings. RRSP matching maximums for Alberta employers is usually somewhere between 2% and 8%.
343. Safety Violation
When an employee breaks a safety rule at work. Safety violations are serious misconduct and can sometimes be enough for an employer to dismiss for just cause.
344. Salary Continuance
A form of severance where an employee continues to receive their salary for a specified period after termination. It is an alternative to a lump-sum severance payment.
345. Seniority Date
Usually used to describe the date a unionized employee starts with an employer. A seniority date can be used to calculate benefits and job security. Within the union itself, the seniority or initiation date with the union affects the employee’s ability to be dispatched for new jobs.
346. Settlement Agreement
An agreement between two parties which settles a dispute between them. In employment law, settlement agreements usually require an employer to provide severance pay in exchange for the employee agreement not to sue.
347. Severance Agreement
An agreement between an employer and employee on the severance package an employee will receive after being fired. A severance agreement usually includes payment of money and a release of liability.
348. Severance Negotiation
The process of negotiating the amount of severance pay a dismissed employee will receive from their employer. Employment lawyers normally start this process with a demand letter and will sue if the matter is not resolved.
349. Severance Package
The compensation an employee receives from their employer after termination of employment. A severance package can in some cases be 2 years of the employee’s total compensation.
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350. Severance Pay
The income an employee receives from their employer after dismissal from employment. The amount of severance pay can be high in Alberta, potentially even 2 years of compensation and benefits. Severance pay represents the income an employee would have received if they had worked for the reasonable notice period after dismissal.
351. Severance Pay Calculation
Determining the severance a dismissed employee is likely entitled to. Every situation is different and can involve many factors an employment lawyer uses to calculate severance.
352. Sexual Harassment
Unwanted behavior of a sexual nature that demeans or humiliates someone. Alberta law requires employers to address sexual harassment and keep it out of the workplace.
353. Sexual Orientation Discrimination
When an employee experiences an adverse impact at work that is connected to their sexual orientation. Sexual orientation discrimination is prohibited under Alberta human rights.
354. Share Option Plan
A form of incentive pay common for executive employees. Share options are often only valuable if the value of the company or its shares increases after the option is granted.
355. Share Purchase Plan
A plan allowing employees and other investors to purchase shares in a private or public company. These can be used to raise money and as a benefit to employees.
356. Short Term Disability (STD)
A form of income replacement for employees who are unable to work and earn money. At most employers, short term disability benefits last less than 6 months.
357. Sick Days
Days an employee is entitled to be absent from work due to illness, with pay. Alberta employers usually allow between 2 and 10 sick days per year.
358. Sick Leave
A period an employee is allowed to be absent from work due to illness. Some employers pay during sick leave. Alberta employment standards requires employers to provide Long-Term Illness leave of up to 16 weeks.
359. Skin Color Discrimination
When an employee experiences an adverse impact at work that is connected to their skin color. This is illegal under the Alberta Human Rights Act.
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360. Solicitor Client Privilege
The client legal protection which prevents their solicitor from being able to disclose communications made to the solicitor by the client.
361. Special Chambers
A type of Court appearance in Alberta for disputes that are not appropriate for morning chambers. Special chambers matters are usually complicated or require over an hour to argue.
362. Statement of Claim
The document a plaintiff files to start a lawsuit in the Alberta Court of King’s Bench. There is no maximum amount for a claim. Severance lawsuits are often started by Statement of Claim.
363. Statement of Defence
The document a defendant files to defend against a lawsuit in the Alberta Court of King’s Bench.
364. Statutory Holidays
Days an Alberta employer is required to either give employees time and a half or paid time off. Statutory holidays are called general holidays in Alberta. There are 9 mandatory general holiday days, which do not include Easter Monday, Heritage Day, or Boxing Day.
365. Statutory Notice
The minimum notice period required by law that an employer must give an employee before termination. This minimum period is higher for longer term employees.
366. Streamlined Trial
A simplified trial procedure in the Court of King’s Bench. These can be ordered if the court considers streamlined trial necessary and proportionate to a fair resolution.
367. Stock Option
An option to purchase stocks in the future at a specified price. Stock options are common in executive compensation. Stock options can be very valuable if the company value increases after the options are granted.
368. Stock Option Plan
A legal document containing the terms and conditions of the grant and exercise of stock options. Most employers who grant stock options have a stock option plan.
369. Stock Savings Plan
In employment, a Stock Savings Plan is a legal document with details on an employer’s stock savings program. Usually these plans allow for discounts on stock purchases.
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370. Substantial Changes to Essential Terms of Employment
A change by an employer that goes to the root of the employment contract. Substantial changes to essential terms of employment can result in a constructive dismissal and severance pay.
371. Successor Employer
A legal entity that takes on employment liabilities of a different legal entity. An employee can often claim against a successor employer when the company they worked for (or an asset) was purchased and they were kept on.
372. Summary Judgment / Summary Dismissal
A simplified process for having a legal claim resolved. Wrongful dismissal lawsuits for severance are often appropriate for summary judgment.
373. Summary Termination of Employment
This is the same as just cause for termination. Summary termination is the legal basis for terminating the employment of an employee without severance. It is difficult for an employer to establish that it had cause for summary termination.
374. Summary Trial
This was a simplified trial procedure in the Alberta Court of King’s Bench prior to 2024. In 2024, Summary trial was replaced by a similar procedure called streamlined trial.
375. Supervisory Capacity
The term supervisory capacity is important under the Employment Standards Code regulations. Someone employed mostly in a supervisory capacity is not normally entitled to overtime pay in Alberta.
376. Supreme Court of Canada (SCC)
The highest court of Canada, with jurisdiction over all federal and provincial law. An appeal from any Court of Appeal is to the Supreme Court of Canada. The SCC only considers appeals on legal issues it considers to be of public importance.
377. Temp Agency
A temporary staffing agency is the legal term for a temp agency in Alberta. It is a company that hires workers and then helps place them with other employers for a fee.
378. Temporary Foreign Worker Rights
Legal protections for temporary foreign workers in Alberta, including fair wages, safe working conditions, and access to support if rights are violated.
379. Temporary Layoff
A temporary absence from work imposed by an employer on an employee, usually for lack of work. These are usually unpaid and can often be considered constructive dismissal.
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380. Termination Clause
Part of an employment contract describing the severance pay the employee will be entitled at termination. These must comply with employment standards. Termination clauses are often unenforceable in Alberta.
381. Termination Notice
The notice an employee receives of their employment termination without cause. Alberta employees are entitled to a legal minimum termination notice and usually significantly more. Termination Notice can describe statutory termination pay or reasonable notice (severance).
382. Termination Pay
The money an employee receives during a termination notice or reasonable notice period. Termination pay can describe the smaller statutory termination pay or larger severance pay (reasonable notice).
383. Termination for Convenience
A termination of employment without just cause. A termination for convenience normally requires an employer to provide a severance package.
384. Termination With Cause
Termination of an employee for a valid reason, such as misconduct or poor performance. It allows the employer to terminate without providing notice or severance. It is difficult for an employer to show it had cause for termination.
385. Termination Without Cause
An ordinary termination of employment where there is no serious misconduct by the employee. Termination without cause usually requires an employer to provide reasonable notice or severance pay. Most employment terminations are without cause.
386. Terms of Employment
The legal rights and obligations between an employer and employee in an employment relationship. Terms of employment can be found in employment contracts and implied at law.
387. Time Theft
When an employee improperly takes credit for working time when they did not actually work. Employers sometimes discipline employees or terminate employment for just cause for time theft. Employees are usually entitled to pay for time they are at work and available, even if they are not working because it is slow.
388. Trade Union
An organization of employees that regulates relations between employers and employees in Alberta. In a unionized workplace, the trade union has the exclusive right to bargain with the employer.
389. Training Repayment Clause
An agreement between an employer and employee that the employee will repay training costs. These clauses usually require repayment if the employee resigns or is terminated for cause in a certain timeframe. These clauses are often not enforceable against an employee in Alberta.
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390. Tranche Vesting
When a portion of a long-term incentive becomes payable to an employee each year for several years after it is granted. Different than cliff vesting, where the whole incentive becomes payable at once, usually on the second or third anniversary of the grant.
391. Tribunals
Quasi-judicial bodies that resolve disputes and make decisions in specific areas of law. These tribunals are often less formal than courts. The Alberta Human Rights Tribunal is an example.
392. Toxic Workplace
A work environment that is so socially unpleasant that an employer is legally required to improve it. Harassment by co-workers or management can cause a workplace to be considered toxic. A toxic workplace can lead to a constructive dismissal claim.
393. Unilateral Changes to Contract
When one party to a contract makes changes to the contract without the consent of the other party. Unilateral changes to employment contracts are often not enforceable.
394. Union Certification
The legal process through which a group of employees in Alberta is formally recognized as a union. Once certified, the union can represent the employees in collective bargaining.
395. Union Constitution
A formal document outlining some of a trade union’s internal rules and regulations. Usually, the constitution is brief compared to the bylaws. A union’s constitution and bylaws must be filed with the Alberta Labour Relations Board.
396. Union Bylaws
A formal document outlining some of a trade union’s internal rules and regulations. Usually the bylaws are more detailed than the constitution. A union’s constitution and bylaws must both be filed with the labour board.
397. Union Decertification (Revocation)
The process of removing a union from a unionized workplace. Unions will usually try to prevent revocation by claiming the process was influenced by the employer or was not voluntary.
398. Unprofessional Conduct
Behavior by a regulated professional that is below the standards required by their professional college or body. It is also called professional misconduct and can lead to discipline, including a fine or suspension of a professional license.
399. Unjust Dismissal
Occurs when a federally regulated employer terminates employment without just cause. Unjust dismissal triggers section 240 of the Canada Labour Code.
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400. Unpaid Wages
Earned employment compensation that has not yet been paid to an employee. An Alberta employer is required to pay any earned wages within 10 days of a pay period or employment termination.
401. Vacation Pay
Refers to the compensation an employee is entitled to that relates to vacation. Employees paid monthly can be provided paid vacation time. Most other employees are paid vacation pay of 4% or 6% whether they time off or not.
402. Variable Compensation
A portion of an employee’s pay that is not fixed, such as bonuses or commissions. Variable compensation is common for management and executive employees. It may depend on performance or other factors.
403. Verbal Employment Agreement
An employment agreement that is not written is a verbal or implied employment agreement. Terms of employment can also be partly written, partly verbal, and partly implied.
404. Verbal Warning
A warning relating to workplace misconduct or poor performance that is not in writing. These are typically considered less severe than a written warning.
405. Vicarious Liability
When one person is liable for the actions of another person. An employer can be held vicariously liable for the actions or omissions of their employees while performing job duties. This can apply even if the employer is not directly at fault.
406. Wages
Employee compensation. Can include things like salary, pay, commissions and bonuses. Employers are required to pay wages within 10 days of the end of a pay period or dismissal.
407. Wallace Damages / Wallace Bump
Extra damages or severance an employer can be required to pay an employee for a harsh or insensitive dismissal. Also called aggravated damages or bad faith damages.
408. Warning
A formal notification to an employee that they are required to improve their behavior or performance or face further consequences. A warning can be verbal or written.
409. Whistleblower Protection
Legal safeguards provided to employees who report illegal or unethical practices within their organizations. Alberta laws ensure public employees are not retaliated against for such reports. Some private organizations have whistleblower policies with similar protection.
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410. Wilful Misconduct
Intentional workplace misconduct. Usually considered to be more serious and blameworthy than unintentional or accidental misconduct.
411. Work Now Grieve Later
A rule in unionized workplaces which requires employees to use the grievance process to address their concerns instead of refusing to work.
412. Workers’ Compensation
Benefits provided to employees who suffer work-related injuries or illnesses. In Alberta, the Workers’ Compensation Board (WCB) administers these benefits.
413. Workers’ Compensation Act
The legislation in Alberta describing eligibility and availability of no-fault compensation to injured employees.
414. Workers’ Rights
The legal rights and protections available to employees and contractors. Workers also have obligations, and employers have rights and obligations.
415. Workplace Bullying
Repeated mistreatment of one or more employees by one or more co-workers or supervisors. This can lead to a constructive dismissal or legal action under Alberta’s OHS laws.
416. Workplace Complaint
A complaint by an employee to management about their treatment at work or a workplace rule. These can lead to workplace investigations, and if not resolved can lead to constructive dismissal.
417. Workplace Complaint Policy
An employer’s written policy outlining the process and procedure for making and resolving workplace complaints. These can include complaint steps and protection for good faith complaints.
418. Workplace Discipline
When an employee faces a consequence from their employer, usually because of misconduct or poor work performance. This can include a verbal or written warning, a suspension or termination of employment.
419. Workplace Discrimination
Unfair treatment of an employee that is connected to an Alberta human rights ground. Human rights grounds include gender, race, skin color, sexual orientation, disability, pregnancy, and religion.
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420. Workplace Equity
Practices and policies aimed at ensuring fair treatment and opportunities for all employees. Pay equity is an example, and is required under Alberta law.
421. Workplace Harassment
Unwanted behavior that demeans, humiliates, or embarrasses an employee, creating a hostile work environment. Alberta law mandates employer responsibility to prevent and address harassment.
422. Workplace Investigations
An investigation to gather information about a workplace incident or employee complaint. This can be done by human resources or independent investigators.
423. Workplace Mental Health
Refers to the general state of mental health of the employees in a workplace. A hostile work environment can cause poor mental health. Employers are required to take steps to address and prevent this.
424. Workplace Privacy
Refers to the level of privacy an employee is entitled to at work from their employer. Employee privacy rights can come from FOIP, PIPA and the common law.
425. Workplace Retaliation
Adverse actions taken by an employer against an employee who has engaged in legally protected activities. Such activities may include filing a complaint or participating in an investigation.
426. Workplace Safety
An employer’s level of compliance with safety laws. Employers must comply with OH&S and provide a safe work environment.
427. Workplace Surveillance
When an employer watches or records employees while they are working. Workplace surveillance is often consider an unreasonable invasion of employee privacy.
428. Workplace Suspension
Amongst the most serious forms of employee discipline. Where an employer is using progressive discipline, this is commonly the final step before termination of employment.
429. Workplace Violence
Any act or threat of physical violence, harassment, intimidation, or other threatening behavior experienced by an employee. Alberta’s OH&S laws require employers to prevent and address this.
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430. Working Notice
When an employer notifies an employee of their future termination date and the employee works until that date. Actual notice is a legal form of severance, but is less common than pay in lieu of notice.
431. Wrongful Dismissal
When an employer dismisses an employee without reasonable notice or severance. Employers are not required to provide reasonable notice if there is just cause for dismissal.
432. Wrongful Dismissal Claims
A legal claim by an employee that they were dismissed without reasonable notice or severance. Just cause for dismissal is an employer defense to this kind of claim.
433. Wrongful Resignation
When an employee provides less resignation notice than they are legally obligated to provide. Employers can sue employees for this in some cases.
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