Employment Law

Practical Advice. Effective Results.

Employment relationships are among the most important legal relationships many people will ever have. When disputes arise, the consequences can affect your income, career, business operations, and future opportunities. We understand the immense stress which can be caused by an uncertain or contentious employment situation.

At Rodin Law Firm, we represent both employees and employers in a wide range of employment disputes. Whether you are facing a wrongful dismissal claim, negotiating a severance package, responding to allegations of misconduct, or addressing complex workplace issues, we provide practical advice and effective representation tailored to your circumstances. Our goal is to help clients resolve disputes efficiently and effectively, protecting their rights, interests, and long-term objectives.

Every Workplace Dispute is Different

EXPERIENCE MATTERS

Employment relationships are governed by a combination of legislation, employment contracts, workplace policies, and common law principles. As a result, determining the rights and obligations of an employer or employee often requires careful analysis of both the facts and the legal framework applicable to the particular workplace.

Employment disputes arise in many different forms. They may involve the termination of employment, disagreements regarding severance or reasonable notice, allegations of constructive dismissal, disputes relating to commissions, bonuses, or other forms of compensation, unsafe or discriminatory workplaces, human rights issues, or questions regarding an employee’s obligation to mitigate their losses following dismissal. While these are among the most common issues encountered in employment litigation, every workplace dispute presents its own unique factual and legal considerations.

Whether we are advising an employee seeking to understand their rights following a dismissal, or assisting an employer in navigating a complex workplace issue, our approach begins with a careful assessment of the circumstances and the objectives of those involved. We then develop a practical legal strategy tailored to the specific needs of each client, with the goal of resolving disputes efficiently and effectively, whether through negotiation, mediation, or litigation. Because employment disputes are often time-sensitive and highly fact-specific, obtaining legal advice early can help ensure that important rights are protected, obligations are understood, and informed decisions are made from the outset.

Strategic Advice for Employers and Employees

Workplace disputes are stressful and disruptive, for both employees and employers. In every dispute, employees face uncertainty regarding their income, professional reputation, and future employment opportunities. Employers are often navigating difficult personnel decisions while attempting to manage legal risk and financial exposure, while maintaining continuity in their business operations.

Our approach begins with understanding the broader context of the dispute and each client’s objectives. In some cases, an early negotiated resolution may be the most effective path forward, while in others, litigation may be necessary to protect our client’s interests. Regardless of the situation, we provide candid advice, practical recommendations, and strong advocacy throughout every stage of the process.

Our lawyers have experience handling complex civil disputes and understand the legal, financial, and practical considerations that arise in employment matters, and we work closely with our clients to develop strategies that reflect both the legal issues involved and the broader objectives they hope to achieve.

FREQUENTLY ASKED QUESTIONS

Employment relationships are governed by a combination of complex legislation, employment contracts, workplace policies, and common law principles. Whether you are an employee seeking to understand your rights or an employer navigating a workplace issue, it is natural to have questions about your legal obligations and the options available to you. Here, you will find answers to questions which are most commonly asked by our clients.

Please do not hesitate to contact us at any time. We would be pleased to meet with you at your convenience, and your initial consultation is without any charge or obligation.

Does Rodin Law Firm represent employees or employers in employment cases?

Rodin Law Firm advises and represents both employees and employers in a wide range of workplace disputes and employment-related matters. Our experience acting for clients on both sides of the employment relationship provides valuable perspective when assessing legal issues, evaluating risk, and developing practical solutions. We assist employees and employers with matters involving wrongful dismissal, severance disputes, employment contracts, workplace investigations, constructive dismissal, human rights issues, and other employment-related concerns. Whether you are an employee seeking advice regarding your rights, or an employer navigating a difficult workplace issue, our goal is to provide clear guidance, practical advice, and effective representation tailored to your particular circumstances.

How much severance am I entitled to if I am dismissed without cause?

Unfortunately, there is no fast and easy formula for determining severance entitlement. In Alberta, an employee who is dismissed without cause will generally be entitled to “reasonable notice of termination”, or compensation in lieu of that notice. This means that when terminating an employee without cause, the employer must provide the employee with “reasonable notice” of their impending termination, so that the employee can find replacement work. If this notice is not provided (as is typical), then the employer needs to pay the employee their regular wages (an amount which will typically include base salary, plus any other “extras” which are typically paid in the ordinary course of the employment relationship, such as commissions, etc..) during the reasonable notice period. The amount of time that is “reasonable” for a notice period in any given cases will depend on a number of factors, including the employee’s age, length of service, position, compensation, and the availability of comparable employment opportunities. Many employees and employers are surprised to learn that “reasonable notice” periods exceed the minimum standards set out in employment legislation. In some cases, an employment contract may limit severance entitlements, though such provisions are not always enforceable and always monitored closely by the courts. Because severance entitlements are highly dependent on the specific circumstances involved, it is often advisable to obtain legal advice before extending or accepting a severance package or signing a release. Once a settlement has been accepted, it may not be possible to pursue additional compensation at a later date.

Can an employer terminate an employee without cause?

In most circumstances, yes. Contrary to what many people believe, an employer is not generally required to establish cause in order to terminate an employee’s employment. In most cases, an employer may terminate the employment relationship at any time, even without cause. However, whether cause exists is often one of the most important issues in an employment dispute, as it can significantly effect an employee’s entitlement to notice or severance. Where the employer alleges cause for the termination, generally they are taking the position that the employee engaged in misconduct, or otherwise breached the terms of their employment contract, to such a serious degree as to justify dismissal without notice or severance. While such situations do exist, establishing just cause is an onerous task for employers, requires significant evidence, and is always scrutinized closely by the courts. In practice, many employers will choose to terminate employees without cause, even where they believe just cause does exist, simply because of the significant evidentiary burden involved in establishing cause. Because the legal consequences of a termination can be significant for both employers and employees, it is highly recommended to obtain legal advice before making decisions that may affect your rights or obligations.

What is “constructive dismissal”?

Constructive dismissal is an important legal concept for both employees and employers to be aware of. Constructive dismissal occurs when an employer makes a significant unilateral change to the terms of the employment relationship which effectively forces the employee to resign. Although the employer has not formally terminated the employment contract, if they made a change so significant that it made it impossible for the employee to continue working in their role, then the employer may be found to have “constructively” (ie, effectively) dismissed the employee. In such circumstances, the employer will be responsible for all the same notice and severance obligations as if they had, in fact, terminated the employment relationship without cause. Constructive dismissal can arise in many different circumstances, including substantial reductions in compensation, significant changes to job duties or responsibilities, demotions, relocations, changes to hours of work, or the creation of a hostile or intolerable work environment. The key issue is whether the employer’s conduct has fundamentally altered an essential term of the employment relationship. Constructive dismissal claims are often highly fact-specific and can be complex. Employers must be careful of making unilateral changes to the employment relationship which might be found to have fundamentally altered that relationship, lest their actions be found to constitute a constructive dismissal. On the other hand, employees should exercise caution before resigning in the face of changes to their work, as those changes may give rise to a finding of constructive dismissal. In such cases, it is recommended to seek a legal consultation as early as possible before taking action that may affect your legal rights or obligations, whether you are an employee or an employer.

Do employment contracts affect severance entitlements?

Employment contracts often play a significant role in determining an employee’s entitlement to notice of termination or severance pay. However, these contractual provisions are not as ironclad as many employers believe. Many employment agreements contain termination provisions that attempt to define or limit an employee’s entitlement upon dismissal. In some cases, these provisions may restrict severance to the minimum standards required by employment legislation. In others, they may provide for a greater entitlement. However, not all termination clauses are enforceable. Courts closely scrutinize employment agreements, and a termination provision that does not comply with applicable employment legislation or is otherwise improperly drafted may be found to be unenforceable. Where this occurs, an employee’s severance entitlement may be substantially greater than the amount set out in the employment contract. For employers, a properly drafted employment agreement can provide certainty and reduce the risk of future disputes. For employees, it is important not to assume that a termination provision is necessarily valid or enforceable. Because employment contracts can have a significant impact on the rights and obligations of both parties, it is often advisable to obtain legal advice before relying on or agreeing to their terms.

Speak with an Experienced Employment Lawyer

If you are involved in an employment dispute, or would like advice regarding a workplace issue, we invite you to contact our office for a confidential consultation, at no cost. We would be pleased to discuss your circumstances, answer your questions, and help you to determine the options available to you.