Employment Law Services
Specialized Legal Guidance for Employment Law Services
Navigating the complexities of employment law can be challenging, whether you're an employee facing workplace issues or an employer seeking to ensure compliance with regulations. At FRANCIS LAW, we specialize in providing comprehensive legal support for all aspects of employment law. Our experienced attorneys are dedicated to protecting your rights and guiding you through the legal process with clarity and confidence. When it comes to employment law, there are numerous areas we cover to address various workplace concerns:
Basic Employment Law Concepts
Understanding the foundational elements of employment law is essential for ensuring compliance and protecting rights in the workplace.
- Employment Standards - Each province and territory, including Alberta, has legislation (e.g., Employment Standards Code in Alberta) that sets minimum standards for wages, hours of work, overtime pay, vacation pay, public holidays, and termination notice or pay.
- Human Rights - The Canadian Human Rights Act (federal) and provincial human rights codes (e.g., Alberta Human Rights Act) protect individuals from discrimination and harassment based on grounds such as race, national or ethnic origin, color, religion, age, sex, sexual orientation, marital status, family status, disability, and pardoned conviction.
- Occupational Health and Safety - Provincial occupational health and safety legislation (e.g., Occupational Health and Safety Act in Alberta) requires employers to maintain a safe work environment and comply with specific health and safety standards.
- Privacy Rights - Employees have privacy rights concerning the collection, use, and disclosure of personal information in the workplace, which is protected under provincial privacy legislation and the federal Personal Information Protection and Electronic Documents Act (PIPEDA).
- Termination of Employment - Canadian law generally requires employers to provide notice or pay in lieu of notice when terminating employees without cause, except in cases of just cause for dismissal. This principle is part of common law across Canada, although specific notice periods may vary by province.
- Employment Contracts - Written employment contracts are common and can specify terms of employment, including job duties, compensation, benefits, and termination conditions. These contracts are enforceable under common law principles across Canada.
- Workers' Compensation - Each province and territory has a workers' compensation board that provides benefits to workers who are injured or become ill as a result of their work. The system is consistent in its purpose across Canada, though specific rules and benefits can vary by jurisdiction.
- Pay Equity - Legislation in Canada requires equal pay for work of equal value between men and women in the same establishment. This principle is upheld under federal and provincial laws.
Different Types of Employment Law Issues
Employment law encompasses a variety of issues that can arise in the workplace, each requiring careful legal consideration and resolution.
- Wrongful Termination - Employees may believe they were terminated unfairly or without proper cause, or they may dispute the adequacy of severance pay offered.
- Discrimination and Harassment - Employees may allege discrimination or harassment based on protected characteristics such as race, gender, age, disability, or sexual orientation.
- Wage and Hour Disputes - Issues can arise regarding unpaid wages, overtime pay, misclassification of employees as independent contractors, or failure to adhere to minimum wage laws.
- Employment Contracts - Disputes may arise over the interpretation or enforcement of employment contracts, including non-compete agreements, severance provisions, or terms related to job duties and compensation.
- Workplace Safety - Employees may raise concerns about unsafe working conditions or employer non-compliance with occupational health and safety regulations.
- Family and Medical Leave - Issues related to eligibility for and the administration of family and medical leave under applicable laws like the Family and Medical Leave Act (FMLA) in the US or similar provincial legislation in Canada.
- Privacy Violations - Allegations of unauthorized monitoring of employee communications, improper handling of personal information, or breaches of privacy rights in the workplace.
- Retaliation - Employees may claim retaliation for exercising their legal rights, such as reporting workplace safety violations, filing a discrimination complaint, or taking medical leave.
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