Frequently Asked Questions

What services does JSB Employment Law provide?

At JSB Employment Law, we provide a wide range of employment law services, including specifically without cause terminations of employment, with cause terminations of employment, constructive dismissal matters, severance pay, severance package reviews, employment litigation, disability, workplace discrimination and harassment, human rights, employee versus independent contractor classification, maternity leaves, other job protected leaves, layoffs, as well as drafting, reviewing and negotiating employment agreements, non-competition covenants and non-solicitation covenants.

If you've lost your employment, whether you were fired or laid off, you have the right to question the termination.  Firstly, do not sign the termination papers or the severance agreement, as this may be considered a recognition of fault on your part and forfeit your ability to pursue legal action. The decision not to sign your severance agreement can be difficult, especially as you may be hurt financially and desperately need that severance package to support your cost of living. Employment lawyers suggest that you do not rush things, however, and instead consult with an employment lawyer to consider the options available to you legally.

If you believe you were wrongfully dismissed, document everything related to your dismissal. This includes documenting what was said by your ex-employers during the meeting in which you were released and the tone in which it was said. Additionally, please keep any and all paperwork, both from your time of employment (pay stubs, performance reviews, benefits packages) and from the eventual dismissal (termination papers and company correspondence). By recording these critical facts about your termination, you and your employment lawyers will be able to construct a more robust legal case.

Yes, we are skilled and experienced at drafting, reviewing and negotiating employment contracts and other workplace policies and procedures.

There are many terms and conditions employers can slip into employment agreements which seem harmless, but which can have a major impact on employee rights and entitlement, both during the employment relationship and when it ends.

If you are a new employee being asked to sign an employment agreement for the first time, or an existing employee being asked to sign a new employment agreement, it is a good idea to get legal advice before you sign.

Discrimination in the workplace occurs when someone is treated in a negative way at work as a result of protected human rights grounds, which may be characteristics that a person has no control over, such as their race, religious beliefs, skin colour, gender, gender identity, gender expression, pregnancy, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation.

The Alberta Human Rights Commission can provide general assistance and guidance to individuals who wish to file workplace discrimination complaints, but they cannot provide you with legal advice or legal representation.

We have experience in discrimination and human rights matters in the Alberta workplace, and we have developed effective strategies for resolving matters with employers.  In some cases where a resolution with the employer is not possible, one we can provide you with legal advice and guidance throughout the discrimination complaint process and be a strong advocate for you.

We understand that no two clients or cases are alike.  Accordingly, we provide cost-effective, flexible and favourable fee arrangements in the form of traditional hourly billing, flat fee arrangements, contingency fee arrangements and combinations of the foregoing packages.

We want to be transparent and help you understand how each method works, so you can choose the arrangement best suited to your needs. An explanation of each type of fee arrangement is below.

Hourly Billing: This is the traditional manner in which lawyers bill their clients. The hourly billing rate is the amount a lawyer charges their clients per hour of work put into the file. This agreed upon hourly rate is multiplied by the number of hours worked to determine the fee payable.

Flat Fee: In flat fee arrangements, the lawyer and client agree to a set price for the service being provided.

Contingency Fee: A fee charged for a lawyer's services that is payable only if a lawsuit is successful or results in a favourable settlement, usually in the form of a percentage of the amount recovered on behalf of the client.  Contingency fees may make it easier for people who do not want to pay upfront, or only want to pay in the event of a favourable outcome, to pursue their civil rights.

How long a particular employment law claim takes depends on the complexity of the claim, how reasonable or unreasonable your former employer and, if applicable, opposing counsel are, and whether the matter is resolved through a negotiated resolution or through formal litigation.

Our primary focus is to work with you in an expedient and efficient manner to reach a negotiated settlement that results in maximum severance pay in your pocket while saving you time, money and unnecessary litigation.  However, if litigation is required, we stop at nothing when advocating for and advancing our clients' rights and when defending our clients.

Please visit the Contact Us webpage and choose your preferred method of communication to get started.  You can call us at 403-620-5400, email us at info@jsblaw.ca, or schedule a complimentary consultation online using the Online Scheduling tool located on the Contact Us webpage.

We respect your privacy and all consultations are confidential, so you can rest assured that it is safe to speak with us.

Harassment at work can range from rude comments and belittling treatment to unwanted sexual advances in the workplace. 

Workplace bullying is generally viewed as targeted negative treatment at work that is designed to intimidate another person, and it can include small, insidious things like spreading malicious rumors to social ostracism and exclusion to threats of job loss or even physical violence.

Every employer in Alberta is required under the Occupational Health and Safety Act to have a policy about harassment and bullying in the workplace, and they are all required to have a process for receiving and investigating complaints.

Whether an employer has a written bullying and harassment policy or not, we are skilled and experienced at providing employees practical and strategic advice about their rights.

We have years of experience carrying out reasonable notice reviews and severance package reviews for employees in Calgary and throughout Alberta. We spend a substantial part of our legal practice as employment lawyers considering and analyzing these different factors that judges take into account and how they can affect reasonable notice periods. These factors are what our lawyers use to determine if your severance package from your employer is fair and reasonable under the circumstances.  Our lawyers can review your severance package, your employment contract, and other relevant documents, and explain to you the factors a judge would likely consider in order to determine how much reasonable notice and severance pay you are entitled to.

We can provide you a great deal of information about how the law of severance pay works, so you can make an informed decision about your severance offer.  We can evaluate the fairness of severance offers and provide practical and strategic advice and representation if you wish to negotiate an increased severance package or other items.  Our lawyers have been able to negotiate increased severance packages for many employees in Calgary, Edmonton, Fort McMurray, Lethbridge, Red Deer, and throughout Alberta. We are strong, effective advocates on severance issues both outside and inside the courtroom. 

Find out today how much severance pay you're entitled to and how we can help you maximize your severance package.  Give us a call now.

In legal terms, "Labour" is a term used in association with unionized workplaces and "Employment" is a term used in association with non-unionized workplaces in Alberta.   

A union job is a position within an organized group of employees who collectively negotiate employment terms such as wages, benefits, and working conditions with their employer through collective bargaining, providing unionized employees with increased negotiating power and various benefits.

A non-union workplace recognizes employees as individuals who negotiate their own employment terms, with employers holding most of the power to set guidelines, work expectations, benefits, and work hours, often resulting in a wider salary range among employees.

Trade unions owe a duty of fair representation ("DFR") to their members.  What a union is obligated to do depends on the facts specific to each case, but generally involves reasonable competence and good faith.  If a union fails to meet its DFR, a union member can make a complaint to the relevant labour board and can seek an order forcing the union to do things such as take a grievance forward and pay damages to the union member.

Individuals and entities get involved in many types of disputes. With the variety of dispute resolution options available, you can work with an employment lawyer to better understand your rights and entitlements, so you can choose the best method for dealing with your particular situation.  You may choose one way to deal with a an employment problem while a dispute with your municipality might call for something different.

There are three commonly used methods of resolving disputes without going to court:

Negotiation – People who disagree can get together to discuss the problem and reach a mutual agreement.  When people negotiate and sort out a problem themselves, they have more involvement and control over the solution and can work out a solution that best meets their needs.

Mediation – People involved in a dispute can ask a mediator, an unbiased and impartial person, to assist them in their negotiations.  Where negotiation has not been successful, a mediator can often help to ease tension and encourage discussion between the parties.  A mediator can help the parties themselves find a solution that can often result in a "win-win" situation, where everyone is satisfied with the result.  Participation in mediation may or may not be voluntary.  For example, some courts require that certain cases be referred to mediation before a trial can be scheduled.  Either way, the mediator cannot force you to settle the dispute or to accept a particular solution.

Arbitration – When people in a dispute cannot resolve the dispute themselves, either through face-to-face negotiation or with the assistance of a mediator, they can agree to refer the matter to arbitration.  In arbitration, a neutral person or panel of people hears the facts and issues and makes a decision.  Arbitrators are often people who are experts in a specific area of the law or a particular industry, especially in cases where the decision-maker needs to be knowledgeable about a particular subject matter or business practice.

The arbitrator or panel is usually chosen by the parties together. If they can't agree they can have an acceptable person or organization choose the arbitrator for them. Otherwise, each can choose an arbitrator, and the two arbitrators will then choose a third to make a panel of three. In some instances, parties may prefer to have their matter heard before a panel.

Arbitration tends to be less formal and quicker than going to court. The parties can agree in advance on the ground rules for the arbitration (as opposed to court procedures which are fixed).

The arbitrator(s) then make(s) a decision based on the facts, any contract between the parties, and the applicable laws.  The arbitrator(s) will explain how the decision was reached.  If the applicable law allows, you can decide yourself in advance whether the arbitrator's decision will be final and binding or whether it should be subject to review by a court if a party disagrees with the decision.

The arbitrator(s) may also make a decision on costs. Depending on how complex the case is and how long it takes to resolve, arbitration usually costs less than going to trial.

There are three commonly used methods of resolving disputes without going to court:

Negotiation – People who disagree can get together to discuss the problem and reach a mutual agreement.  When people negotiate and sort out a problem themselves, they have more involvement and control over the solution and can work out a solution that best meets their needs.

Mediation – People involved in a dispute can ask a mediator, an unbiased and impartial person, to assist them in their negotiations.  Where negotiation has not been successful, a mediator can often help to ease tension and encourage discussion between the parties.  A mediator can help the parties themselves find a solution that can often result in a "win-win" situation, where everyone is satisfied with the result.  Participation in mediation may or may not be voluntary.  For example, some courts require that certain cases be referred to mediation before a trial can be scheduled.  Either way, the mediator cannot force you to settle the dispute or to accept a particular solution.

Arbitration – When people in a dispute cannot resolve the dispute themselves, either through face-to-face negotiation or with the assistance of a mediator, they can agree to refer the matter to arbitration.  In arbitration, a neutral person or panel of people hears the facts and issues and makes a decision.  Arbitrators are often people who are experts in a specific area of the law or a particular industry, especially in cases where the decision-maker needs to be knowledgeable about a particular subject matter or business practice.

The arbitrator or panel is usually chosen by the parties together. If they can't agree they can have an acceptable person or organization choose the arbitrator for them. Otherwise, each can choose an arbitrator, and the two arbitrators will then choose a third to make a panel of three. In some instances, parties may prefer to have their matter heard before a panel.

Arbitration tends to be less formal and quicker than going to court. The parties can agree in advance on the ground rules for the arbitration (as opposed to court procedures which are fixed).

The arbitrator(s) then make(s) a decision based on the facts, any contract between the parties, and the applicable laws.  The arbitrator(s) will explain how the decision was reached.  If the applicable law allows, you can decide yourself in advance whether the arbitrator's decision will be final and binding or whether it should be subject to review by a court if a party disagrees with the decision.

The arbitrator(s) may also make a decision on costs. Depending on how complex the case is and how long it takes to resolve, arbitration usually costs less than going to trial.

The Alberta Human Rights Commission can provide general assistance and guidance to individuals who wish to file workplace discrimination complaints, but they cannot provide you with legal advice or legal representation.

You may, however, choose a lawyer to help you through the process.  Our lawyers have experience in discrimination and human rights matters in the Alberta workplace, and we have developed effective strategies for resolving matters with employers.  In some cases where a resolution with the employer is not possible, we can provide you with legal advice and guidance throughout the discrimination complaint process and / or be a strong advocate for you.

An employee can file a complaint if an employer is not meeting the minimum employment standards requirements of the Alberta Employment Standards Code or Regulations.  For example, Employment Standards complaints can be made by employees who believe they have not been paid properly or did not receive other entitlements such as job-protected leaves or pay statements from their employers.

Complaints can be submitted online at no cost.

The court will often look to the written agreement between the parties as a starting point because it may give some guidance as to the intention of the parties in framing their relationship.  However, a written agreement is not determinative. 

If an individual with an independent contractor agreement is in fact treated like an employee in most respects, the court is likely to find that they are an employee.  Likewise, if an individual with an employment agreement is treated like an independent contractor in most respects, the court is likely to find that they are an independent contractor.

Ultimately, it is the true nature of the relationship between the worker and the hirer that governs worker classification as employee or contractor, not the written agreement. 

The common law principles used to ascertain the true nature of the relationship typically refer to and distinguish between two categories: contract of service (employer-employee relationship) versus contract for service (self-employed person or independent contractor relationship.

Canadian courts and tribunals have developed common law tests to determine who is an employee and who is an independent contractor.  More specifically, the court adopts a holistic approach to answering this question by evaluating a number of factors, which includes:

(i) Control test,

(ii) Ownership of tools,

(iii) Workerʹs opportunity for profit,

(iv) Degree of financial risk borne by worker,

(v) Business integration/organization test,

(vi) Hiring of Assistants,

(vii) Degree of workerʹs responsibility for investment and management.

A well or poorly drafted employment contract or agreement can be of enormous benefit, detriment, or result in liability to Alberta employers and employees. 

The requirements for what may be enforceable and may be in an Alberta employment contract are ever changing, as the parliament, legislatures, tribunals and courts pass legislation and render decisions that regularly affect the validity and enforceability of employment agreements, provisions, policies and procedures.  If a contract was drafted and valid 5 years ago, it may or may not be today depending on how the law has evolved. 

If you are employed in Calgary or elsewhere in Alberta and have an employment agreement, your actual rights may be different than what they seem to be.  It is important that you get legal advice before you sign anything, instead of making assumptions about what the documents mean.

Employers in Alberta can't make significant changes to a non-unionized worker's job description or duties without their consent.  When major modifications are made to the terms of your employment without your approval, the law allows you to resign and seek full severance pay through a constructive dismissal claim.

Constructive dismissal is the term used where an employee resigns in response to their employer's conduct in breach of an important term of their employment contract or because the employer's treatment of the employee demonstrates their intention not to be bound by the contract, making continued employment intolerable.  In such instances, the law allows you to resign and seek full severance pay through a constructive dismissal claim.

The reasons for resigning given by the employee in their resignation letter may become important evidence in establishing whether the employee did in fact resign in response to the breach.  The resignation letter is important in constructive dismissal cases and should be reviewed or written by legal counsel specializing in employment law.

The Limitation Act generally provides for a basic limitation period of two years, which applies to most claims in Alberta.  The Limitations Act, however, also provides that the two-year period begins to run on "the day on which the claim was discovered."  A claim is "discovered" on the day that the person with the claim knew or ought to have known the facts giving rise to the claim, and this is not always the same as the day that the events occurred.

There are also other specific limitations periods for particular claims.  For example, section 90(3) of the Code limits the awarding of unpaid overtime Employment Standards Complaints to the six-month period immediately preceding the date of the claim.

The law surrounding limitation periods is not always straightforward, and it is best to retain a lawyer to deal with those issues.  If you are an employee, we can help determine if you have a tenable claim and help take steps to secure your rights. 

We do not practice any immigration law, including employment-related immigration law.

Many employers and employees in the Alberta workforce use the term lay-off and termination interchangeably, but they are different.  Any permanent end of the working relationship is in legal terms a termination of employment, not a lay-off.

Temporary lay-offs are typically imposed by employers due to shortage of work, and the Code has sections relating to lay-offs and when extended temporary lay-offs automatically become permanent lay-offs such that an employee's employment may automatically terminate and entitle them to severance pay. 

Our lawyers have experience effectively dealing with lay-offs, the Code and common law requirements relating to lay-offs, and determining whether a temporary lay-off has become a permanent lay-off (termination of employment) that entitles an employee to a severance package.

We have developed effective strategies for resolving matters with employers.  In some cases where a resolution with the employer is not possible, we can provide you with legal advice and guidance throughout the process and / or be a strong advocate for you.