What should employees in Edmonton do if they believe their employer is violating their rights under employment law

Employees in Edmonton, Alberta, are entitled to certain legal protections under employment law. These protections cover a wide range of issues, including wage disputes, wrongful dismissal, discrimination, and workplace safety. If an employee believes their employer is violating their rights, it’s important to understand the steps they can take to address the issue, and how an employment lawyer can assist in navigating the process.

1. Recognize the Violation

The first step is recognizing that a violation has occurred. Common employment law violations in Edmonton include:

  • Wrongful Termination: If you’ve been dismissed from your job without just cause or without proper notice or severance.
  • Unpaid Wages or Overtime: Employers must pay employees for all hours worked, including overtime, as per the Alberta Employment Standards Code.
  • Discrimination or Harassment: Treating an employee unfairly due to race, gender, disability, religion, age, or other protected characteristics.
  • Unsafe Working Conditions: Employers must provide a safe and healthy work environment that complies with the Occupational Health and Safety Act.

Once you identify the violation, you can take the necessary steps to address the situation, starting with gathering all relevant information and evidence.

2. Document Everything

One of the most important steps an employee can take when facing a potential violation is to document everything. This includes:

  • Keeping a record of incidents or behaviors that violate your rights (e.g., discrimination, harassment, or unsafe working conditions).
  • Saving any written communication from your employer related to the issue, such as emails or letters.
  • Tracking hours worked, pay received, and any discrepancies regarding wages or overtime.

Documenting the situation can help provide crucial evidence if you need to take legal action.

3. Review Your Employment Contract and Workplace Policies

If you have an employment contract, review it to understand the terms related to termination, benefits, and working conditions. Many disputes arise when an employer fails to follow the terms laid out in an employee’s contract. If the employer’s actions contradict the contract or company policies, it could strengthen your case.

For example, if your contract stipulates a severance package or outlines certain work conditions, and your employer is not adhering to these terms, an employment lawyer can help you enforce those provisions.

4. Communicate with Your Employer

In some cases, disputes can arise from misunderstandings or poor communication. Before taking legal action, it may be beneficial to speak with your employer about the issue. Express your concerns professionally and try to resolve the matter informally.

For instance, if your employer hasn’t paid you for overtime or you feel you’ve been unfairly treated, having a direct conversation can sometimes lead to a resolution. However, it’s important to keep a written record of these conversations and any resolutions or agreements made.

5. Consult an Employment Lawyer

If the situation doesn’t improve after discussing the issue with your employer, or if you’re unsure about your legal rights, it’s time to consult an employment lawyer in Edmonton. An employment lawyer specializes in labor law and can help you understand your rights, assess the validity of your claim, and advise you on the best course of action.

A lawyer can:

  • Review Your Case: By examining the facts of your situation, a lawyer can determine if you have a legitimate claim based on employment laws in Alberta.
  • Provide Legal Guidance: Employment lawyers can explain the relevant laws, including the Employment Standards Code, the Alberta Human Rights Act, and other regulations that apply to your case.
  • Help You Understand Your Options: Your lawyer will guide you on whether you should file a formal complaint, negotiate a settlement, or take legal action.

For example, if your employer has discriminated against you based on your race or gender, your lawyer can help you file a complaint with the Alberta Human Rights Commission. If your employer wrongfully terminated you, the lawyer can assist in negotiating a severance package or pursuing a wrongful dismissal claim.

6. File a Complaint or Claim

In Edmonton, there are various options available to employees who believe their rights have been violated. These include:

  • Alberta Employment Standards Branch: If you are owed unpaid wages, overtime, or vacation pay, you can file a complaint with the Employment Standards Branch. The branch will investigate the issue and enforce the Employment Standards Code.
  • Alberta Human Rights Commission: If the violation involves discrimination or harassment, you can file a complaint with the Alberta Human Rights Commission, which investigates and resolves issues related to workplace discrimination.
  • Occupational Health and Safety (OHS) Complaint: If the violation involves unsafe working conditions, you can file a complaint with the Alberta OHS, which is responsible for ensuring that employers maintain safe workplaces.

An employment lawyer can assist with the complaint process, ensuring that all necessary documentation is provided and that the case is presented effectively.

7. Litigation (If Necessary)

If negotiations or complaints do not lead to a satisfactory resolution, the last step may be pursuing litigation. An employment lawyer can help you file a lawsuit in court for wrongful termination, unpaid wages, or other employment violations. A lawyer will represent you during the litigation process, gathering evidence, presenting your case, and negotiating a potential settlement.

Conclusion

If you believe your employer in Edmonton is violating your rights under employment law, it’s essential to take action. Start by documenting the situation, reviewing your contract, and communicating with your employer. If these steps don’t lead to a resolution, consulting with an employment lawyer is the next best step. A lawyer can guide you through the legal process, help you file a complaint, and represent your interests in negotiations or litigation. With legal assistance, you can ensure your rights are protected and that you receive the compensation or resolution you deserve.

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