Edmonton Employment Lawyers

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Edmonton Employment Lawyers

Edmonton employment lawyers are the men and women of Edmonton’s legal community who handle the employment law matters of people who live in the greater Edmonton area. Contacting an employment lawyer is an important decision.

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In Alberta, employment law is that area of law which regulates the rights, restrictions and obligations of Alberta’s workers and employers. Generally “employment” is meant to include only non-union situations. If a situation involves unions then “labour law” is probably a more accurate turn of phrase.

The legislation in Alberta that predominates in the employment law area for employment lawyers is the Employment Standards Code of Alberta. This legislation contains some 138 sections and sets out the statute law in Alberta in regards to:

Employment Standards,
Minimum wage,
Payment of wages,
Termination of employment,
Deductions from earnings,
Employment records,
Hours of work,
Rest periods and days of rest,
Overtime hours,
Overtime pay,
Overtime agreements,
General holidays in Alberta,
Holiday pay,
Vacations and Vacation Pay,
Maternity leave and parental leave (see also federal legislation),
Termination of employment (including rules for calculating length of employment for termination purposes),
Layoff and recall,
Restrictions on the employment of children
Employment of persons with disabilities

Detailed procedures are set up in the legislation for making complaints, having investigations, determinations, awards, appeals and enforcement of orders.

There are important provisions contained in the Regulations to the above Act that apply to the following employment categories and which need to be referred to in the event that one is looking at the employment standards for those specific fields of employment:

Ambulance attendants,
“Miscellaneous Services” which includes field catering, geophysical exploration, surveying, logging and lumbering and road maintenance people
Highway construction,
Railway construction and brush clearing workers,
Irrigation district workers,
Nursery industry workers,
Oilwell service workers,
Taxi cab workers,
Truck driving workers,
Caregiver workers,
Construction workers,
Adolescents and young people.

Other legislation can apply to specific industries that are not listed here. Be especially aware of federally regulated industries as many of these have legislation that applies specifically to them.

Wrongful Dismissal
A major component of employment law for employment lawyers is the law surrounding the termination of an employee, also known as “getting fired” or “laid off” or “let go” or "dismissed". The termination, depending on the circumstances, may be justified, or it may amount to wrongful dismissal or constructive dismissal, depending on the circumstances. Wrongful dismissal is very common in Alberta. If you have been laid off and you are not sure it was justified you may wish to get some advice from an Edmonton wrongful dismissal lawyer (Edmonton employment lawyer).

At it’s foundation, employment is a contract. Certain terms are agreed to, expressly or impliedly, between the employee and the employer. The employee agrees to work. The employer agrees to pay the employee for that work. “Dismissal” is the termination of the employment contract.

The employment contract, the “common law” and statute law all are relevant to the termination of the employment contract and to determining if a dismissal situation is permitted, or if it amounts to a wrongful dismissal.

The “common law” is an important source of employment law. “Common law” is that body of law that has been created over the years by judges on a case by case basis. It is sometimes known as “judge made law”. This body of law has built up over time and indeed dates back hundreds of years to England and is known throughout the world as the English common law. As English Canada has grown, Canadian courts have expanded on this English common law and developed their own body of law. over and above the English common law we adopted from England.

The statue law that is relevant to Alberta employment law is the Employment Standards Code of Alberta.

If a situation amounts to “wrongful dismissal” or “constructive dismissal” then generally the employee is entitled to severance pay in lieu of notice and the employee is allowed to sue the employer for severance or back pay or damages. Essentially, if a termination was not for “just cause” then an employer has an obligation to provide what the common law calls “reasonable notice” of the termination to the employee. What is “reasonable” notice in a given situation depends on a case-by-case basis. It can amount to months or even years of severance or back pay or damages or pay in lieu of notice.

There have been thousands and thousands of cases of “wrongful dismissal” in Alberta. If you have been laid off or terminated you may wish to consult with an employment lawyer if they find themselves in such a situation in order to obtain an assessment of their precise situation. The same is true if your employer is offering you a severance package.

The professional association for the lawyers in Alberta is the Law Society of Alberta and all lawyers must be registered there and be in good standing in order to work as a lawyer.

It is important, in considering who your Edmonton employment lawyer is going to be, that you select one that is practical, experienced and knowledgeable of exactly how things work in Edmonton. They should have an office in Edmonton which is staffed full time and have been there for some years.

We are that counsel for a lawyer referral. We are that law firm referral company. We are your Edmonton Employment Lawyers referral company.

Free Lawyer Referral Service - Call (780) 669-2765.