Employment Law

Our DETERMINED Legal Advocates Are in Your Corner!

Alberta has experienced years of economic turmoil as a result of low oil prices and, more recently, the COVID-19 pandemic. Unfortunately, many people throughout the country are losing their jobs through no fault of their own, which is why our lawyers are here to answer all of your questions regarding employment law.

We proudly offer quality legal representation for cases involving:

GLG Unfair Dismissal

Wrongful Dismissal

If your employer wrongfully terminated you without proper notice or adequate compensation, we can help you file a wrongful dismissal case and pursue damages.
Constructive dismissal

Constructive Dismissal

If you have ever been pressured to accept drastic changes to your employment that can result in a hostile work environment, you may be able to pursue a constructive dismissal case. Our attorneys can fight to hold your employer accountable.
GLG Employment Agreements

Employment Agreements

Employment contracts can cover a wide range of matters, such as salary, work expectations, termination clauses, non-competes, and more. We can thoroughly review your employment agreement to help ensure that your best interests are safeguarded.
GLG Workplace Accommodations

Workplace Accommodations

Workers with disabilities have the right to request reasonable accommodations, and employers are required to make efforts to accommodate these requests. If your employer has refused your accommodation requests, we can help you protect your rights.
Human rights violations

Human Rights Violations

We help employees uphold their employment rights and hold employers legally accountable for committing human rights violations in the workplace. From discrimination to sexual harassment, we are prepared to represent a wide range of workplace violations.

What Laws Protect Employees From Job Discrimination in Calgary?

Calgary employees are protected by the Alberta Human Rights Act (“AHR Act”). The AHR Act protects against discrimination on grounds of sexual orientation, source of income, race, colour, or ancestry, gender, gender identity, gender expression, place of origin, marital status, family status, place of origin, age, and physical and mental disability.

The AHR Act applies to all parts of the employment process, which includes:

  • Recruitment
  • Assignments
  • Promotions
  • Employment Termination

Job Termination Categories

When an employer lays off an employee, there are two categories: “with-cause” terminations and “without-cause” terminations. An example of a with-cause termination would be a situation where an employee was found to have violated the terms of an employment agreement or committed a criminal act against an employer (i.e. theft). In such a case, the employer is not required to pay the employee any severance.

In virtually all other cases, an employer is required to give adequate notice as defined by case law and the Employment Standards Code. Typically, the longer an employee has been working at a job, the longer the notice period (or pay in lieu thereof) will be.

Some of the factors used to determine the appropriate notice period include:

  • The character of the employment
  • The length of service of the employee
  • The age of the employee
  • The availability of similar employment that suits the experience, training, and qualifications of the employee.

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    Frequently Asked Questions

    If you are terminated without cause, your employer will likely offer you a package of documents 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. 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 LLP may 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. This is usually two years from when you were terminated. Contact one of our lawyers to discuss your rights well in advance of this deadline.

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