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Bow River Law’s YouTube channel offers clear, accessible legal insights on employment issues affecting Albertans. We’ve curated a list of six top videos that break down common concerns about employee rights in Alberta, presented by our team of experienced employment lawyers.
What Are Employee Rights?
Speaker: Amanda Jacinto, Employment Lawyer at Bow River Law
Amanda Jacinto outlines three of the main legal foundations of employee rights in Alberta:
- Employment Standards Code – covers minimum legal standards like hours of work, vacation pay, and termination notice.
- Human Rights Legislation – protects against discrimination on grounds such as race, gender, disability, and age.
- Common Law – court-developed rights, including severance entitlements and protections from unfair dismissal.
She emphasizes that employees often have more protection under common law than they realize. Understanding how all three systems interact helps workers better navigate issues in the workplace.
S1 E9: If I Have a Physical Disability and There Is a Job That I Can’t Do, Can My Employer Fire Me?
Speaker: Michael Hernandez, Employment Lawyer at Bow River Law
Michael Hernandez explains how disability-related termination is treated under Alberta’s human rights laws.
Michael discusses how Alberta employers are restricted from terminating employees due to disability-related reasons. While employers generally have the right to end employment without cause, disclosing a disability can increase the likelihood that accommodations will be made or that the condition will be considered in relation to performance concerns. Employees with disabilities who have been let go are encouraged to consult with a human rights lawyer to determine whether the termination may have been discriminatory under Alberta law.
- Employers have a duty to accommodate disabilities to the point of undue hardship.
- Accommodations may include modified job duties or different hours.
- If the employee still cannot perform essential duties after reasonable accommodation, termination may be permitted.
He emphasizes that every situation is unique, and legal advice is important when facing workplace changes due to disability.
S1 E18: If I Am Fired Just Before I Was Supposed to Get a Bonus, Do They Still Have to Pay It to Me?
Speaker: Joel Fairbrother, Partner and Employment Lawyer at Bow River Law
In this video, Joel Fairbrother explains how bonuses and incentive pay are typically handled following termination. In Alberta, if an employee would have received compensation during their severance or reasonable notice period, they are generally entitled to it.
While some long-term incentive or bonus plans attempt to exclude terminated employees from payment, Alberta courts often find such provisions unenforceable and still award the bonus. Employees who have been let go and are unsure whether their severance package includes the appropriate compensation should consider speaking with an employment lawyer to clarify their rights.
Joel discusses how termination timing may affect bonus eligibility:
- Bonuses may be owed if they form part of the employee’s regular compensation.
- Courts often consider whether the employee would have received the bonus during a reasonable notice period.
- Entitlement depends on factors like past bonus history and how the bonus plan is written.
He advises employees to have bonus policies reviewed when they’re let go just before a payout.
S2 E10: What Are My Rights When Constructively Dismissed?
Speaker: Amanda Jacinto, Employment Lawyer at Bow River Law
In this clear and informative video, Calgary employment lawyer Amanda Jacinto explains what constitutes constructive dismissal under Alberta law. She explores how certain employer actions such as wage reductions, demotions, altered work schedules, changes to job titles or responsibilities, or the creation of a toxic work environment, can amount to an indirect termination of employment.
Amanda outlines when these changes may meet the legal threshold for constructive dismissal and highlights the potential entitlements available, such as pay in lieu of notice and protections from discrimination or harassment. Employees facing these circumstances are encouraged to consult with an employment lawyer to better understand their options.
She defines constructive dismissal and outlines how it affects Alberta employees:
- Constructive dismissal happens when an employer makes major changes to job terms (like pay, hours, or duties) without the employee’s agreement.
- Such changes can be treated as a termination, even without a formal firing.
- Continuing to work under the new conditions may be viewed as accepting the changes, so acting quickly is essential.
She recommends seeking legal advice immediately when significant changes occur at work.
S1 E39: Who Should I Talk to if My Boss Wants Me to Do Unsafe Work?
Speaker: Sarah Coderre, Partner and Employment Lawyer at Bow River Law
In this video, employment lawyer Sarah Coderre outlines employee rights under Alberta’s Occupational Health and Safety (OHS) legislation. She explains that all workers have the right to a safe work environment and that it’s the employee’s responsibility to recognize and help reduce workplace hazards. If asked to perform unsafe work, employees have the legal right to refuse.
If the employer continues to insist, a complaint can be filed with the Occupational Health and Safety Board. An OHS officer will typically issue a work refusal order and investigate the reported conditions to determine necessary corrective actions. Sarah emphasizes that employees are also protected from reprisal, such as discipline, termination, or unfair treatment, if they make a complaint. If retaliation occurs, the officer may issue orders requiring the employer to remedy the harm, including compensation for lost wages. Employees concerned about workplace safety violations are encouraged to consult an employment lawyer at Bow River Law to explore their legal rights.
Sarah further explains the process for refusing unsafe work in Alberta:
- Employees have the right to refuse work they believe is unsafe.
- The concern should be reported to a supervisor or safety representative.
- If unresolved, the issue can be escalated to Alberta Occupational Health and Safety.
- Workers are protected from reprisals for exercising this right.
She underscores that workplace safety concerns should be taken seriously and dealt with through the proper channels.
S3 E4: What Are My Rights in a Wrongful Dismissal Case?
Speaker: Sarah Coderre, Employment Lawyer at Bow River Law
In this video, Sarah Coderre of Bow River Law explains the concept of wrongful dismissal in Alberta. She defines wrongful dismissal as a situation where an employer terminates an employee without just cause and fails to provide sufficient notice or pay in lieu of notice.
Sarah clarifies that a wrongfully dismissed employee is generally entitled to reasonable notice, a common law concept often referred to as severance. Judges determine what constitutes reasonable notice by considering the unique circumstances of each case, with the aim of giving the employee adequate time to secure new employment.
She further explains that pay in lieu of notice typically includes everything the employee would have received had they continued working through the notice period. This can encompass salary, bonuses, and other compensation.
Sarah Coderre explains what qualifies as wrongful dismissal under Alberta law:
- Wrongful dismissal usually means the employee didn’t receive proper notice or pay in lieu of notice.
- Many workers are entitled to more than minimum standards under common law.
- Employers sometimes present termination documents that include low severance offers.
- Employees should never feel pressured to sign documents immediately upon termination.
She advises seeking a legal opinion before agreeing to any severance terms.
Learn More About Employee Rights in Alberta
Each of these videos offers valuable, plain-language insights from the Bow River Law team to help employees across Alberta better understand their workplace rights.
Visit the YouTube channel to explore more topics and subscribe for regular updates:
Stay informed, stay empowered, as always, we’re here to help.
