Edmonton Employment Law Overview

Frequently Asked Questions

What are my basic employment rights in Alberta?

In Alberta, you have rights under the Employment Standards Code including:

• Minimum wage – Currently $15.00 per hour
• Hours of work – Maximum 8 hours per day, 44 hours per week
• Overtime pay – 1.5 times regular wage after 8 hours/day or 44 hours/week
• Vacation pay – 4% of earnings for first 5 years, 6% after
• Statutory holidays – 9 paid holidays per year
• Termination notice – Based on length of service
• Parental leave – Up to 62 weeks unpaid
• Sick leave – 5 days unpaid per year
• Bereavement leave – 3 days unpaid per year

How do I file an employment standards complaint?

The process involves:

• Contact Employment Standards – Call 1-877-427-3731
• Complete complaint form – Available online or in person
• Provide documentation – Pay stubs, contracts, records
• Wait for investigation – Typically 6-8 weeks
• Attend mediation – If scheduled
• Receive decision – In writing
• Appeal if necessary – Within 30 days

What is wrongful termination?

Wrongful termination occurs when:

• No just cause exists – Employer must prove misconduct
• No proper notice given – Must follow Employment Standards
• Violates human rights – Discrimination based on protected grounds
• Breaches contract – Violates terms of employment agreement
• Retaliation – For exercising legal rights
• Constructive dismissal – Makes job intolerable

How do I prove workplace harassment?

Evidence needed:

• Documentation – Keep detailed records of incidents
• Witness statements – From coworkers who observed behavior
• Medical records – If stress or health issues result
• Communication records – Emails, texts, messages
• Performance reviews – To show change in treatment
• Timeline of events – Chronological record of incidents

What is the difference between employment standards and human rights?

Employment Standards:

• Minimum workplace standards – Hours, wages, leave
• Administrative process – Through Employment Standards
• Monetary remedies – Back pay, penalties
• Shorter timelines – 6 months to file
• No need to prove intent – Just show violation
• Limited scope – Specific workplace rights

Human Rights:

• Protected grounds – Race, gender, disability, etc.
• Tribunal process – Through Human Rights Commission
• Broader remedies – Damages, policy changes
• Longer timelines – 1 year to file
• Must prove discrimination – Show adverse impact
• Broader scope – All areas of life

How long do I have to file a complaint?

Time limits vary:

• Employment Standards: 6 months from violation
• Human Rights: 1 year from incident
• Wrongful dismissal: 2 years from termination
• Workers’ Compensation: 1 year from injury
• Occupational Health and Safety: 6 months from violation
• Labour Relations: 90 days from violation

What is constructive dismissal?

Constructive dismissal occurs when:

• Employer makes significant changes – To job or workplace
• Changes are fundamental – Affect core of employment
• Employee didn’t agree – No consent to changes
• Changes are unilateral – Made without consultation
• Makes job intolerable – Creates hostile environment
• Employee resigns – Due to changes

How is severance pay calculated?

Severance depends on:

• Length of service – Years worked
• Employment contract – Any specific terms
• Common law notice – Based on factors
• Age of employee – Older workers get more
• Position level – Seniority matters
• Job market – Ease of finding new work
• Special circumstances – Health, family status

What is the difference between termination with cause and without cause?

Termination with cause:

• Serious misconduct – Theft, violence, etc.
• No notice required – Immediate termination
• No severance pay – No compensation
• Must be proven – Employer bears burden
• Rare in practice – High standard
• Can be challenged – Through legal process

Termination without cause:

• No fault required – Can be for any reason
• Notice required – Based on law
• Severance pay – Must be provided
• More common – Standard process
• Can be negotiated – Better package possible
• Rights protected – By employment standards

How do I negotiate a severance package?

Steps to follow:

• Review offer carefully – Understand all terms
• Calculate entitlements – Know your rights
• Get legal advice – Consult employment lawyer
• Prepare counter-offer – With justification
• Negotiate professionally – Keep emotions in check
• Document agreement – Get everything in writing
• Consider tax implications – Structure payments wisely
• Plan next steps – Career transition support

What is workplace discrimination?

Discrimination includes:

• Race or color – Different treatment based on race
• Gender or sex – Unequal treatment based on gender
• Age – Different treatment based on age
• Disability – Failure to accommodate
• Religion – Different treatment based on faith
• Sexual orientation – Unequal treatment based on orientation
• Family status – Different treatment based on family
• Marital status – Unequal treatment based on marriage

How do I file a human rights complaint?

The process involves:

• Contact Commission – Call or visit office
• Complete complaint form – Provide details
• Submit evidence – Documentation of discrimination
• Wait for response – From respondent
• Attend mediation – If scheduled
• Hearing if needed – Before tribunal
• Receive decision – In writing
• Appeal if necessary – Within 30 days

What is workplace retaliation?

Retaliation occurs when:

• Employer punishes employee – For exercising rights
• After complaint made – About workplace issues
• After safety report – About hazards
• After human rights claim – About discrimination
• After whistleblowing – About illegal activity
• Changes work conditions – Makes job worse
• Terminates employment – Fires employee

How do I protect myself from workplace issues?

Protection steps:

• Know your rights – Understand employment law
• Document everything – Keep detailed records
• Follow policies – Company rules and procedures
• Report issues properly – Through correct channels
• Get legal advice – When needed
• Keep copies – Of important documents
• Be professional – Maintain good conduct
• Know when to act – Don’t delay too long

What is the difference between employment standards and common law?

Employment Standards:

• Minimum rights – Set by government
• Administrative process – Through Employment Standards
• Limited remedies – Specific amounts
• Shorter timelines – 6 months to file
• No need for lawyer – Can file yourself
• Limited scope – Basic workplace rights

Common Law:

• Additional rights – Beyond minimum standards
• Court process – Through legal system
• Broader remedies – Can include damages
• Longer timelines – 2 years to sue
• Need lawyer – Legal representation
• Broader scope – All employment issues