Best Hiring & Firing Lawyers in St. Albert

About Hiring & Firing Law in St. Albert, Canada

Hiring and firing practices in St. Albert, Alberta, are governed by both federal and provincial legislation. Most employment relationships are regulated by Alberta’s Employment Standards Code, the Alberta Human Rights Act, and other relevant statutes. These laws set out minimum standards, rights, and obligations for both employers and employees during the hiring process, throughout employment, and upon termination. In addition to provincial laws, federally-regulated industries (such as banks and railways) may be governed by the Canada Labour Code.

Hiring and firing law addresses how employers recruit, select, and terminate employees while ensuring fairness, equality, and compliance with legal standards. St. Albert employers must be careful to observe these requirements to avoid disputes and potential legal consequences.

Why You May Need a Lawyer

Legal assistance is valuable for both employers and employees when it comes to hiring and firing. Some common situations where professional legal help can be crucial include:

• Wrongful Dismissal: If you believe you were fired without just cause or proper notice/pay.
• Employment Contracts: Reviewing, drafting, or negotiating employment agreements to protect your interests.
• Discrimination or Harassment: If you suspect you have faced unlawful discrimination during hiring, employment, or termination.
• Severance Packages: Understanding your rights and obligations regarding severance pay or termination benefits.
• Constructive Dismissal: If you feel forced to leave your job due to significant negative changes to working conditions.
• Compliance Issues: Ensuring hiring and firing practices stay in line with both provincial and federal legislation.
• Employee Discipline: Guidance for employers managing disciplinaries or performance-related terminations.

Local Laws Overview

In St. Albert, as part of Alberta, several key laws apply to hiring and firing:

• Alberta Employment Standards Code: Sets minimum standards for things like minimum wage, hours of work, overtime, holidays, notice of termination, and severance pay.
• Alberta Human Rights Act: Protects employees from discrimination in hiring and firing based on race, gender, age, disability, religion, or other prohibited grounds.
• Labour Relations Code: Governs unionized workplaces, collective bargaining, and labour disputes.
• Canada Labour Code: Applies to federally regulated employees and contains similar provisions to provincial standards.
• Occupational Health and Safety: Ensures safe hiring and workplace practices.

Employers must provide written notice or pay in lieu when terminating many types of employees unless there is just cause for immediate dismissal. Discrimination or retaliation in the hiring or firing processes is strictly prohibited. Employment contracts can further define rights and obligations but cannot waive minimum legal protections.

Frequently Asked Questions

What is “just cause” for termination?

“Just cause” means an employer has a valid reason, such as serious misconduct or habitual neglect of duty, to terminate an employee immediately without notice or severance pay. Determining just cause can be complex and often requires legal review.

How much notice am I entitled to if I am fired?

Under Alberta’s Employment Standards Code, the amount of written notice depends on your length of service, ranging from 1 week for 90 days to 2 years, up to 8 weeks for 10 years or more. Your employment contract or “common law” may entitle you to even more notice or pay in lieu.

Can my employer terminate me without any reason?

In most cases, employers can terminate employment “without cause” provided they give reasonable notice or severance pay. However, termination cannot be for discriminatory reasons or in violation of an employment contract or collective agreement.

What if I think I was discriminated against in hiring or firing?

If you believe you were treated unfairly due to a protected ground (such as race, gender, age, religion, disability), you may file a complaint with the Alberta Human Rights Commission or seek legal assistance to pursue a remedy.

Do I have rights regarding severance pay?

Yes. In many cases, employees are entitled to severance or termination pay according to Alberta’s Employment Standards Code or to “reasonable notice” at common law, which can exceed the minimums set by statute.

What can I do if I was forced to quit my job?

If you left your job due to significant detrimental changes imposed by your employer (such as a demotion or reduction in pay), you may have a claim for “constructive dismissal.” Consulting a lawyer can help you determine your rights and possible remedies.

Can employers ask about criminal records during hiring?

Employers may ask about criminal convictions if relevant to the position, but must be careful to ensure such questions comply with human rights laws. Some types of background checks may require your consent.

Is it legal to dismiss an employee while they are on medical or parental leave?

It is generally unlawful to terminate employment due to, or during, protected leaves (such as medical or parental leave). However, an employer can end the employment relationship for reasons unrelated to the leave, provided they can demonstrate this.

Do probationary employees have legal protections?

Probationary employees are entitled to the same minimum standards for termination notice and human rights protections as other employees after 90 days of work.

How do I file a complaint or claim if I feel my rights were violated?

Employees can file a complaint with the Alberta Employment Standards or Alberta Human Rights Commission, depending on the nature of the issue. Consulting a lawyer can help clarify which process or tribunal is appropriate for your situation.

Additional Resources

If you need more information or support regarding hiring and firing in St. Albert, consider reaching out to the following:

• Alberta Employment Standards: For questions about minimum employment standards, termination, or complaints.
• Alberta Human Rights Commission: For discrimination, harassment, or human rights issues.
• Alberta Labour Relations Board: For unionized workplace matters.
• Legal Aid Alberta: For access to low-cost or free legal assistance.
• Local Employment Law Firms: Many offer free consultations or resources regarding your rights as an employer or employee.
• St. Albert Chamber of Commerce: For employer resources and business support.
• Occupational Health and Safety Alberta: For workplace safety and health concerns.

Next Steps

If you believe you need legal assistance regarding a hiring or firing matter in St. Albert, consider taking these steps:

• Gather all relevant documents, such as employment contracts, termination letters, performance reviews, and correspondence.
• Write down a detailed summary of the events leading up to your hiring or firing concern.
• Contact an employment lawyer for a consultation. Many offer an initial assessment at low or no cost.
• Consider reaching out to government bodies like Alberta Employment Standards or the Human Rights Commission to file a complaint or obtain guidance.
• Educate yourself using reliable online and local resources about your rights and obligations.
• If you are an employer, review and update your employment policies and contracts with the help of a legal professional to ensure compliance.

Taking timely action can help protect your rights and interests in employment matters.