Collaborative Legal Counsel in Alberta and Beyond
In Alberta, the duty to accommodate an employee for a disability can be triggered with a formal disclosure of the disability. If a company or organization has knowledge of or reasonably should be aware that there might be a relationship between a disability and an employee’s job performance, then the employer has a positive duty to inquire whether such a relationship exists before taking any disciplinary action or terminating the employee. The employer’s duty to inquire is generally triggered in situations where an employee has a disability that is not immediately obvious.
If an employer determines an employee’s performance issues are the result of a mental disability, they must give the employee a meaningful opportunity to identify their condition and ask for assistance or accommodation. Employers can facilitate this by holding a meeting with the employee to discuss the performance issues, allowing the employee to raise (or not to raise) the need for accommodations.
Can My Employer Request Medical Information If I Ask for Accommodations?
Employers can ask an employee to present reliable evidence of their disability and how it prevents them from performing certain job-related duties or tasks. If the employee wants to claim the right to accommodation, then they must provide sufficient and reliable evidence of their disability, such as personal medical information, as long as it is requested in good faith. The type of medical information requested by employers should be limited to:
- Information that can confirm the existence of the condition
- Information that can help the employer understand the type of limitations associated with the disability
- Information that can help the employer understand how to enact functional accommodations for the employee
What Are the Consequences If an Employer Fails to Accommodate?
Employers must make considerable effort to find appropriate accommodation for an employee. If the employer fails to provide reasonable accommodation and it creates an undue hardship for the employee, then the employee can file a complaint with the Human Rights and Citizenship Commission under the Alberta Human Rights Act.
Contact Our Lawyers for Help Defending Your Labor Rights
If your employer has failed to properly perform their duty to accommodate your disability in the workplace, then please call our Calgary employment attorneys at Guardian Law Group LLP immediately so we can get to work on your case. Our firm is committed to helping employees resolve these complicated employment law matters involving human rights, constructive dismissal, and wrongful dismissal, and we have the resources and knowledge you need in your corner to protect your best interests throughout the legal process.
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.
Civil litigation involves legal disputes between individuals, businesses, or organizations seeking monetary compensation or specific actions, often resolved through court proceedings.
If you're facing disputes over matters like contracts, property, construction, or personal rights, civil litigation may be appropriate. Our team can assess your situation and advise on the best course of action.
Our approach prioritizes tough yet principled negotiation backed by solid legal research. We aim for settlement, but if litigation becomes necessary due to a lack of options, we're prepared to represent your interests effectively.
Our experienced team has managed a diverse range of cases, including administrative law, bankruptcy, construction disputes, defamation, property litigation, human rights issues, and more.
Yes, we're skilled in alternative dispute resolution methods such as mediation and arbitration, providing effective alternatives to traditional litigation.
Civil litigation timelines can vary but typically range from one to three years in Alberta. With our expertise, we work to streamline the process and minimize delays.
By choosing us, you gain a strategic advantage in navigating the complexities of civil litigation. Our seasoned lawyers manage the entire process, from initial claims to potential appeals, ensuring efficient and effective resolution.
With Guardian Law Group, you're not just hiring a lawyer; you're partnering with a dedicated team committed to swift resolution. We handle records exchange, questioning, expert opinions, and more, ensuring you avoid the headache of prolonged disputes.
What You Get With Guardian Law Group
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