Ending someone’s employment is typically stressful for both parties. Nobody wants to be on the receiving end of a notice of termination, but at the same time, it is mostly also an unpleasant experience for the employer who delivers that notice. If the basic rules as applicable under Alberta employment laws are not followed, disputes might develop, and if not resolved, the parties could land up in court. First and foremost, proper notice of intention to end employment must be given, both when employees quit and when employers terminate workers.
The basic rules when it comes to termination include termination pay, written notice or a combination of both. The period of employment will determine the period of notice given for termination. However, no notice needs to be provided by either party if employment terminates within the first 90 days, and the same applies for a job limited to a specific task or seasonal work.
An employee who received proper notice is entitled to receive the final payment within three days following the last workday. The employer may not reduce or limit any of the terms of employment during the notice period. Also, unless based upon an agreement reached by the two parties, employers may not order the employee to use overtime, vacation or other entitlements during the notice period.
These are but some of the potential causes for the rise of disputes during the process of termination of employment. Many employers in Alberta choose to secure the services of a lawyer who has extensive experience in dealing with employment law issues. With the support and guidance of legal counsel, they may be able to head off any accusations of violating the basic rules of termination.
