The unremitting downturn in Alberta’s economy is resulting in job losses for many Albertans. Employees with long and even moderately long term employment are finding themselves without a job. The most common reason being cited for lay-offs is the lack of work due to the bleak economic situation. In this market, new opportunities are difficult to find.

While the Employment Standards Code sets out the minimum notice or payment in lieu of notice, that an employee is entitled to when dismissed without cause, greater obligations may be imposed on the employer by the common law. In the absence of an explicit agreement between the employer and employee governing the termination or notice, Courts will impose the common law obligations.

In some instances, a termination clause in an employment clause may rebut the common law presumption; however in Alberta the termination clause must contain very specific language otherwise the common law presumption will continue to operate. At Aarbo Fuldauer LLP our employment lawyers are experienced and specialized in reviewing and understanding employment contracts and termination provisions. We can help you understand whether your contract precludes you from claiming payment in lieu of you common law right to reasonable notice, or if you are entitled to more.

By Sharni Dhillon B.Sc, J.D., Associate at Aarbo Fuldauer LLP

For more information, please contact the law office of Aarbo Fuldauer LLP at:

Address: 3rd Floor, 1131 Kensington Road NW, Calgary, AB, T2N 3P4
Phone: (403) 571-5120
Email: [email protected]

Sharni Dhillon
Barrister & Solicitor
www.aflawyers.ca

*The information contained in this blog is not legal advice. It should not be construed as legal advice and should not be relied upon as such. If you require legal assistance, please contact a lawyer*