LEE T. MCMILLAN
MANAGING LAWYER
Lee T. McMillan
Principal and Managing Lawyer
Lifelong Albertan
Lee McMillan is an experienced litigator and has appeared before the Alberta Court of Justice, Alberta Court of King's Bench, Alberta Court of Appeal and Manitoba Court of King's Bench. Lee's practice primarily focuses in Employment/Contractor Law and General Civil Litigation.
Lee is a longtime Calgarian and lifelong Albertan. In 2010, Lee graduated with a degree is History and Political Science from Carleton University in Ottawa where he received the Senate Medal for Outstanding Academic Achievement for graduating top 3% in his class. He has two law degrees in both French (B.C.L.) and English (LL.B.) from McGill University Faculty of Law in Montreal. In 2013, Lee completed a 4 month internship at a large litigation finance hedge fund in Manhattan, NY. Two of Lee's university years were spent studying abroad in both England and Scotland.
Over the course of his career Lee has helped hundreds of Calgarians with a wide variety of employment law matters. Lee also has established ties to Canada's First Peoples and from 2016 to 2018 traveled across Western Canada interviewing thousands of indigenous 60s scoop, Day School and Residential School survivors. Lee values honesty and integrity above all else and strives to provide clients with the information they need to make practical and informed decisions, including the decision to hire a lawyer.
Lee has real court room experience and is listed in numerous published decisions, including:
-Hudye Inc v Rosowsky, 2020 ABQB 296;
-Pisclevich v. Manitoba, 2018 MBQB 52;
-Kostic v Piikani Nation, 2017 ABCA 53 ;
-Hudye Inc v Rosowsky, 2016 ABQB 724.
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Basic Information for Employees Terminated Without Cause
What if my employment contract contains a termination clause?
While a termination clause can negatively impact the amount of termination pay that you are owed, the clause has to be worded in a very particular manner. Even if you do have a termination provision, there is a very good chance that it may be unenforceable. Do not assume the worst, run your employment agreement by an employment attorney today.
What if the Labour Standards Board has already told me I don't have a case?
The representatives at the Labour Standards Board are not lawyers. They are not trained in the common law and are not equipped to advise you on your full rights. Your entitlement to notice under the Code is only one aspect of a much broader spectrum of employment rights. Talk to an employment specialist, even if you have already spoken to the Board.
What if my employer has given me a deadline to sign my severance package?
Your right to fair compensation does not go away just because an employer has imposed a deadline. In fact, a short-term deadline is usually a red flag that your employer has offered you a bad severance package. Even so, it is important that you speak to a Calgary-based employment lawyer as soon as possible. We strive to accommodate same-day phone consultations whenever possible.
I am worried about my reputation in the industry. I do not want to burn any bridges.
There is no shame in standing up for your rights. At the end of the day, you and your employer have a contract, and they should be living up to their end of the bargain. Most severance negotiations are highly professional, private and confidential, and do not jeopardize an employee's prospects of future employment. In fact, it is in your employer's best interest to see that you secure comparable employment elsewhere.
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