Proudly Helping Employees Understand & Uphold Their Rights in Alberta and Beyond
At Guardian Law Group, we know firsthand that the employment agreement is one of the most important legal documents in the area of employment law. Â Employment contracts specify the terms and conditions between employers and employees and helps to create certainty for both parties.
Employment agreements generally cover things like:
- Salary
- Work expectations
- Probation and termination provisions
- Workplace safety and health compliance
- Workplace accommodations policies
- Bonus eligibility
- Discipline procedures
- Confidentiality protocols
- Human rights policies and procedures
- Non-compete provisions
What Makes an Employment Contract Enforceable?
Not every employment contract is enforceable, and courts have ruled in the past that uncertain or ambiguous language contained in employment agreements should be interpreted in favour of the employee.
Contracts must be drafted with clear and concise language to avoid future issues regarding interpretation and enforceability, especially when it comes to termination clauses. While an employer can limit an employee’s entitlement to further severance, they cannot contract the employee out of the statutory minimums governing termination under Alberta Employment Standards Code. Contracts can also be invalidated if the employer alters the terms of employment without giving notice or obtaining the employee’s consent.
Why Do I Need an Employment Agreement Lawyer?
Our employment law lawyers in Calgary at Guardian Law Group are here to listen to your concerns and help you draft a clear and enforceable employment agreement that adheres to applicable legislation and other crucial legal requirements.
When you choose our firm, we make it our top priority to draft customized contracts that are tailored to your unique needs and goals. With our legal team in your corner, you can feel confident knowing your business interests are protected.
Are you concerned about an existing employment agreement and whether or not it is enforceable? If so, we can review it and advise you on any potential liabilities or legal issues that require action.
Frequently Asked Questions
If you are terminated without cause, your employer will likely offer you a "package" including some termination pay. We recommend you have a lawyer review this for you before accepting.
When this occurs, we suggest politely telling your employer that you would like to have their offer reviewed by a lawyer who has experience in this area of the law. Our highly skilled team of professionals would be happy to meet with you to discuss all your options and help you determine the right move.
The Employment Standards Code and Human Rights Act prohibit employers from laying off, terminating, discriminating against, or even asking employees to resign because of pregnancy, childbirth, or taking maternity or parental leave. Canadian courts have awarded additional damages for an employer’s attempt to terminate an employee in situations like this. It is strongly advised for you to speak with a lawyer to discuss your specific situation.
The Alberta Human Rights Code prohibits discrimination on the grounds of race, religious beliefs, color, gender, gender identity, physical disability, mental disability, and age (with some qualifications). If you believe that you have been the victim of such discrimination, contact one of our lawyers so we can get to work advocating for your rights.
In many cases, Guardian Law Group will take employment matters on a contingency fee basis, meaning that we only get paid as a percentage of your recovery when you get paid. In this area of the law, our contingency rate only applies to any additional settlement or judgment that we are able to obtain for you.
“Constructive dismissal” is when an employee is forced to resign due to the employer creating an intolerable work environment. Since the employee is being forced into resigning, it is seen as a termination by the employer and the employee is entitled to a severance package.
The Limitations Act typically provides a two-year limitation to sue from when you knew or ought to have known about a claim. Contact one of our lawyers to discuss your rights well in advance of this deadline.
What You Get With Guardian Law Group
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