Edmonton Employment Lawyers

Navigating Employment Law Claims in Edmonton, Alberta: Your Comprehensive Guide

Are you an employee facing issues at work and wondering about your rights? Or perhaps you're an employer seeking clarity on employment law regulations to ensure compliance and fair treatment of your workforce. Understanding employment law claims is crucial to navigate the complex terrain of workplace disputes effectively. In this guide, we'll delve into the nuances of employment law claims in Edmonton, Alberta, shedding light on key regulations, common issues, and avenues for resolution.

Understanding Employment Law in Edmonton, Alberta

Employment law is governed by both provincial and federal legislation. The primary statute governing employment relationships in Alberta is the Employment Standards Code, administered by the Alberta government. This legislation sets out the minimum standards for employment, covering areas such as wages, hours of work, overtime, vacations, and termination of employment.

Additionally, certain industries may be subject to specific regulations or collective agreements that provide additional rights and protections for employees. It's essential for both employers and employees to be aware of their rights and obligations under these laws to ensure compliance and fair treatment in the workplace.

Common Employment Law Claims

Employment law claims can arise from various issues encountered in the workplace. Some of the most common employment law claims in Alberta include:

  • Wrongful Dismissal: Employees may file claims alleging wrongful dismissal if they believe they were terminated without just cause or adequate notice. Conversely, employers may defend against such claims by demonstrating valid reasons for termination or adherence to contractual terms.

  • Discrimination and Harassment: Alberta's human rights legislation prohibits discrimination and harassment in the workplace based on protected grounds such as race, gender, age, disability, and sexual orientation. Employees who experience discrimination or harassment in the workplace, or were terminated as a result of discrimination may file complaints with the Alberta Human Rights Commission.

  • Wage & Hour Disputes: Claims related to unpaid wages, overtime violations, or failure to provide statutory entitlements like vacation pay are common in employment law. The Employment Standards Branch of Alberta handles disputes regarding wages and hours of work.

  • Breach of Employment Contract: Disputes may arise concerning breaches of employment contracts, including issues related to compensation, job duties, non-compete agreements, and confidentiality clauses. Resolving such disputes often requires careful examination of contractual terms and applicable law.

  • Constructive Dismissal: Employees may claim constructive dismissal if significant changes to their employment terms or working conditions make their continued employment untenable. This could include demotions, reductions in pay, or hostile work environments.

In Alberta, you typically have up to two years from the date of an incident to make an employment claim, or your right to file an employment claim is lost forever. But that does not mean you should wait. It’s important to act quickly, as there may be other important deadlines or circumstances that could affect your claim.

When it comes to employment law claims there are several options for resolution, including:

  • Mediation and Negotiation: Parties may choose to engage in mediation or negotiation facilitated by a neutral third party to reach a mutually acceptable resolution without resorting to litigation.

  • Employment Standards Complaints: Employees have a six month window to file complaints here for violations of employment standards such as unpaid wages or improper termination.

  • Human Rights Complaints: Individuals who believe they have been discriminated against or harassed in the workplace can file complaints with the Alberta Human Rights Commission within a year of the incident.

  • Civil Litigation: In cases where informal resolution attempts fail, parties may pursue litigation through the courts to resolve employment disputes. Legal representation is often advisable in such cases to navigate the complexities of the legal process effectively.

Can I afford to hire an employment lawyer?

If you’ve lost your job or income, you may be concerned about the cost of hiring an employment lawyer. Our employment lawyers work on a contingency fee basis, which mean that our fee is based on a percentage of the final settlement. You won't owe us anything unless and until we resolve your case. At Litco Law, we’ll handle all disbursement costs throughout the legal process, so you don’t have to worry about surprise legal expenses as your claim moves forward.

Have questions about employment law claims in Edmonton?

Litco Law has helped thousands of Albertans with their claims, and we want to help you too. You don’t have to deal with unfair treatment in the workplace. We’re here to answer your questions and get you the compensation you deserve. Contact us today to book a free consultation.

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    IMPORTANT! If you agree to an insurance company’s settlement offer, you give up your legal right to pursue a personal injury claim. It is best to assess the full extent of your injuries and how they will affect your life before you accept an offer. Please note that you have a maximum of two years from the date of the accident to file an injury claim in Alberta.

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