Employment Lawyers in Calgary

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Stonetree Law is a Calgary law firm advising employees and employers on employment law matters throughout Alberta.

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Our employment lawyers assist with wrongful dismissal, constructive dismissal, severance and termination packages, employment agreements, just cause allegations, workplace changes, restrictive covenants, human rights issues, settlement negotiations, and employment litigation.

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Employment problems often require decisions to be made quickly. We provide practical legal advice focused on understanding the client's rights, obligations, financial exposure, and available options.

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Employment Law for Employees

Employees may need legal advice when employment ends, when workplace conditions change significantly, or when a dispute develops with an employer.

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Stonetree Law advises employees on:

• wrongful dismissal;

• constructive dismissal;

• termination without cause;

• severance and termination package reviews;

• termination for alleged just cause;

• changes to salary, commissions, duties, hours, location, or responsibilities;

• employment agreements;

• non-competition and non-solicitation clauses;

• confidentiality obligations and restrictive covenants;

• workplace discrimination;

• disability and accommodation;

• employment-related human rights matters;

• settlement negotiations; and

• employment litigation.

 

If you have received a termination letter, severance proposal, release, new employment agreement, or notice of a significant change to your employment, consider obtaining legal advice before signing documents, resigning, or accepting the proposed change.

An employer's initial position does not necessarily determine an employee's legal rights.

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Employment Law for Employers

Stonetree Law advises businesses and other employers on managing employment relationships, reducing legal risk, and resolving workplace disputes.

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We assist employers with:

• drafting and reviewing employment agreements;

• termination provisions;

• employee terminations;

• severance and termination packages;

• just cause assessments;

• constructive dismissal risk;

• employee discipline and performance issues with legal implications;

• changes to compensation, duties, hours, location, or responsibilities;

• confidentiality obligations;

• non-competition and non-solicitation provisions;

• workplace policies;

• disability and accommodation;

• employment-related human rights issues;

• settlement negotiations; and

• employment litigation.

 

Obtaining legal advice before a significant employment decision is made can often reduce uncertainty, financial exposure, and the risk of later litigation.

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Wrongful Dismissal in Alberta

Wrongful dismissal generally concerns whether an employee received the notice of termination or compensation legally required when employment ended.

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An employer can generally terminate a non-unionized employee without cause, subject to the employment agreement, Alberta's Employment Standards Code, human rights legislation, and other applicable legal obligations.

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A wrongful dismissal claim does not necessarily mean that the employer was prohibited from terminating the employee. The dispute is often about whether sufficient notice or compensation was provided.

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An employee's termination entitlements may be affected by:

• the Employment Standards Code;

• the employment agreement;

• common-law reasonable notice;

• length of service;

• age;

• the nature of the employee's position;

• compensation and benefits;

• the availability of comparable employment; and

• the circumstances surrounding the termination.

 

There is no universal formula that determines every employee's entitlement.

Stonetree Law represents both employees pursuing wrongful dismissal claims and employers responding to them.

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Severance and Termination Package Reviews

"Severance" is commonly used to describe compensation offered when employment ends. In Alberta, however, an employee's legal entitlements may arise from several different sources.

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Depending on the circumstances, those entitlements may include:

• statutory notice or termination pay;

• contractual termination rights;

• common-law reasonable notice;

• salary or wages;

• bonuses or commissions;

• benefits; and

• other compensation connected to the employment relationship.

 

An employer's initial termination offer does not necessarily represent the employee's full legal entitlement.

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We review employment agreements, termination letters, severance proposals, releases, compensation arrangements, and the circumstances of the termination to assess the employee's potential entitlement and the options available.

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Employees should consider obtaining legal advice before signing a release or accepting a termination package.

We also advise employers before termination packages are presented, including on potential notice obligations, contractual provisions, and litigation risk.

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Constructive Dismissal in Alberta

Constructive dismissal can occur even where an employer has not expressly terminated an employee.

It may arise when an employer makes a substantial unilateral change to an essential term of employment, or where the employer's conduct demonstrates that it no longer intends to be bound by the employment relationship.

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Potential examples can include:

• a significant reduction in salary, commissions, or other compensation;

• a demotion;

• a substantial reduction in duties or responsibilities;

• a material loss of authority or status;

• an improper suspension;

• significant changes to working hours;

• a substantial change in work location;

• major changes to reporting relationships; or

• a series of changes that fundamentally alters the employment relationship.

 

Not every workplace change amounts to constructive dismissal. Employers generally retain the ability to manage and reorganize their workplaces.

Whether constructive dismissal has occurred depends on the employment agreement, the nature and seriousness of the change, the surrounding circumstances, and the conduct of the parties.

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An employee who believes they may have been constructively dismissed should consider obtaining legal advice before resigning. Resigning, remaining in the position, or accepting changed employment terms can have legal consequences.

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Employers contemplating significant changes to an employee's compensation, position, duties, hours, location, or responsibilities should assess the potential constructive dismissal risk before implementing those changes.

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Stonetree Law advises and represents employees and employers in constructive dismissal matters throughout Alberta.

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Termination for Just Cause

An employer may terminate employment for just cause in appropriate circumstances, but the legal threshold can be significant.

Not every mistake, disagreement, performance concern, or incident of misconduct amounts to just cause.

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Whether just cause exists requires a contextual assessment that may include:

• the nature and seriousness of the conduct;

• whether the conduct was deliberate;

• the employee's duties and position;

• length of service;

• prior disciplinary history;

• previous warnings;

• the surrounding workplace circumstances; and

• whether the conduct fundamentally damaged the employment relationship.

 

An employee terminated for alleged cause may still have a claim if the employer cannot establish that cause existed.

Employers considering termination for cause should carefully assess the evidence and potential consequences before proceeding.

Stonetree Law advises employees facing allegations of just cause and employers considering or defending a cause termination.

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Employment Agreements

Employment agreements can significantly affect the rights of both the employer and employee during employment and when the relationship ends.

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Stonetree Law drafts and reviews employment agreements dealing with:

• compensation;

• duties and responsibilities;

• probationary periods;

• hours and location of work;

• bonuses and commissions;

• benefits;

• termination provisions;

• confidentiality;

• intellectual property;

• non-solicitation;

• non-competition; and

• post-employment obligations.

 

Termination provisions are particularly important because their wording can significantly affect an employer's financial obligations when employment ends.

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Employees should understand material contractual terms before signing an employment agreement.

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Employers should review employment agreements periodically, particularly when an employee's responsibilities, compensation, seniority, or working arrangements have materially changed.

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Changes to Salary, Duties or Working Conditions

Employers may need to restructure positions, change reporting relationships, modify compensation arrangements, adjust working hours, or change where work is performed.

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Some workplace changes are permissible. Others can create contractual, constructive dismissal, or human rights issues.

A significant unilateral change to an essential term of employment may result in a constructive dismissal claim.

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Employees facing a significant workplace change should consider obtaining legal advice before resigning or agreeing to the new arrangement.

Employers contemplating significant changes to employment terms should assess the legal consequences before implementing them.

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Non-Competition, Non-Solicitation and Restrictive Covenants

Employment agreements sometimes restrict what an employee may do during or after employment.

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Restrictive covenants may include:

• non-competition clauses;

• non-solicitation clauses;

• confidentiality provisions;

• restrictions involving clients or customers;

• restrictions involving employees or contractors; and

• obligations concerning confidential business information.

 

Canadian courts scrutinize restrictive covenants in employment agreements carefully, particularly non-competition provisions.

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Whether a restriction is enforceable can depend on its wording, the business interest being protected, the activity being restricted, the duration of the restriction, its geographic scope where applicable, and the surrounding circumstances.

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Non-solicitation and confidentiality obligations can raise different considerations from a broad prohibition against competition.

Stonetree Law advises employees and employers on the interpretation, enforceability, and practical effect of restrictive covenants.

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Human Rights and Employment Law

Employment relationships in Alberta are also governed by the Alberta Human Rights Act.

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Discrimination in employment is prohibited where it is based on a protected ground under the Act.

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Human rights issues can arise in connection with:

• disability;

• medical leave;

• pregnancy;

• family status;

• religious beliefs;

• age;

• gender;

• race and ancestry;

• place of origin;

• sexual orientation;

• gender identity or expression;

• workplace harassment;

• hiring;

• workplace policies;

• accommodation; and

• termination.

 

Employers may have a duty to accommodate an employee to the point of undue hardship.

Human rights obligations can therefore affect workplace decisions involving disability, attendance, scheduling, job duties, leave, workplace policies, discipline, and termination.

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Stonetree Law advises employees and employers on employment matters involving Alberta human rights obligations.

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Employment Disputes, Negotiation and Litigation

Not every employment dispute requires a lawsuit.

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Depending on the circumstances, an employment law matter may be addressed through:

• legal advice before action is taken;

• severance negotiations;

• a demand letter;

• a response to a demand;

• direct negotiation between counsel;

• settlement discussions;

• a human rights process;

• commencing a civil claim; or

• defending employment litigation.

 

Our approach considers the amount at stake, the available evidence, legal costs, the strengths and weaknesses of the claim or defence, and the client's objectives.

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Where litigation is necessary, Stonetree Law represents clients in employment-related civil disputes before the Alberta courts.

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Calgary Employment Lawyers Serving Employees and Employers

Stonetree Law provides employment law advice and representation to employees, professionals, business owners, and employers in Calgary and throughout Alberta.

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Whether the issue involves a termination, constructive dismissal, severance package, employment agreement, workplace change, restrictive covenant, human rights concern, or employment litigation, our objective is to identify the legal and practical options and determine an effective path forward.

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Speak With a Calgary Employment Lawyer

If you have been terminated, received a severance package, are dealing with a significant change to your employment, believe you may have been constructively dismissed, or need advice before making an employment decision, contact Stonetree Law.

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We advise and represent both employees and employers on employment law matters in Calgary and throughout Alberta.

Book an Employment Law Consultation

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Important Information for Unionized Employees

If you are represented by a trade union and your employment is governed by a collective agreement, you should first contact your union or union representative regarding a workplace dispute.

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Disputes concerning the interpretation, application, or alleged breach of a collective agreement are generally addressed through the grievance and arbitration process, with the union acting as the employee's bargaining representative.

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Independent legal advice may still be appropriate in certain circumstances, including matters concerning a union's representation of an employee or its duty of fair representation. Independent legal advice does not ordinarily replace or bypass the grievance procedure established by a collective agreement.

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If you are uncertain whether your employment matter is governed by a collective agreement, contact your union or union representative before seeking independent advice about the underlying employment dispute.

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