Under Alberta Law, an employee who has not be provided proper notice of termination has been wrongfully dismissed. Bad faith termination can also expose employers to additional aggravated or punitive damages.
Severance package calculations depend on a number of factors specific to the employee, including: age, tenure, specialized skillset(s), state of the economy and managerial/supervisorial duties.
Is your employer trying to illegally force you out of your job through pay cuts, demotions, or the creation of an intolerable work environment? Constructive Dismissal aka 'Dismissal by Disguise'.
CEOs, directors and upper management often face unique challenges upon termination due to lengthy employment contracts, complicated compensation schemes or lingering professional/fiduciary responsibilities.
Every employer has an obligation to provide a harassment free work environment. Employees are protected from discrimination under the Alberta Human Rights Act, RSA 2000, Ch. A-25.5.
Contractors can be owed severance pay too under the legal doctrine of 'Dependent Contractorship'. This is often the case regardless of how you are described in your contract, whether or not you own your own business or if you pay your own income taxes.
Know what you are getting into before signing your offer letter or employment agreement. At minimum, a quick phone call with an employment lawyer can clarify your rights in the event you are eventually terminated.
Traditionally, termination for cause (i.e. without severance pay) is very rare and your employer faces a high standard of proof to meet. If you were not provided with at least three warnings prior to being dismissed, there is a good chance your employer owes you severance pay.
Are you currently on short term or long term disability? Thinking about taking stress leave? Is your employer hassling you to return to work? Contact us today to understand your rights.
Reviewing or revamping your standard employment agreement(s) can save your company hundreds of thousands of dollars in the mid to long term and significantly mitigate liability.
Good companies invest considerably in their employees and stand to lose big without a practical and enforceable education/training payback regime.
Well thought out termination letters can mean the difference between a forward thinking company and one mired in lawsuits. Make sure your HR Department is on the right side of the law.
Detailed Policy Manuals and Codes of Conduct are great tools for defining workplace expectations and fostering a strong corporate culture.
Realistic and effective techniques for ensuring your staff and/or business do not migrate to your competitor with a departing employee.
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