Typical areas of employment discrimination include staff recruitment and selection for work assignments. Violations could also be present in the benefits, terms and conditions of employment. Moreover, the type of training and who receives it could involve discrimination, as could considerations or selection of personnel for promotion, transfer, dismissal, retrenchment and disciplinary action.

Workers are entitled to file complaints against employers if they believe they are victims of discrimination. The consequences for the employer found responsible for such violations may include significant penalties. Besides, bad publicity, low employee morale and high employee turnover could further damage the productivity of the company and, ultimately, its bottom line.

Some business owners in Alberta rely on a lawyer with experience in all aspects of business and employment laws. With legal counsel’s guidance during recruitment, hiring and in the workplace, business owners can avoid most accusations and complaints involving discrimination. Similarly, workers in Alberta who believe they are victims of discrimination have the right to seek legal counsel. A layer can provide guidance with the filing of complaints against employers, either through mediation or through the filing of a legal complaint.

Reportedly, after years of working for a company, the employee began staying away from work. He suffered depression, was divorcing his wife and ultimately admitted to having a drinking problem. His employers continued paying his salary through two stints of alcohol rehabilitation periods, but he apparently kept drinking alcohol. The employer says the man reported for duty on only 21 days over a four-month period.

Employers in Alberta must give employees clear warnings and allow them opportunities to improve their behaviour. In this case, the employer advised the employee in writing that the company is prepared to work with him to establish a plan to return to work, failing which he would be terminated. However, the absenteeism continued, and the employer dismissed him.

The employee filed a claim of wrongful dismissal, and the judge agreed, ordering the employer to pay court costs and damages for wrongful termination. According to court documents, the judge found that the employer could not prove that the employee’s alcoholism affected his ability to work. Employers in Alberta can prevent such circumstances by retaining the services of an experienced employment law lawyer. Legal counsel can provide advice throughout any dispute and ensure the required disciplinary steps and warnings are issued before dismissing employees.

Reasonable accommodation is determined by the needs per case, as different employees may have different disabilities. For example, workers in wheelchairs will need different accommodations than employees whose religion requires scheduled breaks at specific times to allow them to pray. Workers with mental or physical disabilities may need adjusted work schedules to accommodate their unique needs.

Employers may only exclude workers from jobs that require specific abilities like driving heavy vehicles or handling heavy boxes. Employers are required to make significant efforts to accommodate, even if it involves spending money. However, when these changes cause undue hardship for the business or other employees, there might be valid reasons for not providing accommodation.

Employers who are accused of failure to provide reasonable accommodation may need to consult with a lawyer who has experience in the employment and human rights laws of Alberta. Some employers are proactive to avoid legal claims. They seek the support and guidance of experienced lawyers to help them determine the needs for accommodation and how to deal with each worker’s unique needs. Similarly, employees with special needs who believe their employers refused to provide accommodation might have questions about their legal rights. Both employers and employees are entitled to seek legal counsel to learn about their rights and legal options to resolve any related problems.

None of the mentioned grounds may be specified in advertisements or circulated material related to employee recruitment. Furthermore, inquiries and interviews may not include questions related to the prohibited grounds. Also, employers may not expect job applicants to provide any information about the protected grounds related to applicants or anyone else.

Advertisements or applications may not be worded or include preferences or restrictions that might discourage someone from applying for any job vacancy. However, as with most laws, exceptions exist. The employer may include requirements from the protected grounds if such conditions can be demonstrated to justify a bona fide requirement for a specific position. Such exceptions are described in Section 8(1) of the Alberta Human Rights Act.

Business owners in Alberta who want to avoid accusations of discrimination in their recruitment advertisements could retain the services of a lawyer with experience in all aspects of employment and Human Rights laws. Being proactive and seeking legal counsel before placing an ad might be wise. However, a skilled lawyer can advocate for employers who are facing allegations of discrimination throughout ensuing legal proceedings or mediation.

Benefits are perks provided at the discretion of employers and not something to which employees are entitled. Workers in occupations like sales, management and supervision, counsellors, and instructors at nonprofit establishments and some professionals do not necessarily have rights to specific work hours, breaks and overtime pay. Furthermore, employment laws do not prescribe sick leave payments, except for illness or injuries that have long-term consequences but only for periods up to 16 weeks.

Pregnant employees are not necessarily guaranteed a job to come back to, except those who worked for 90 days or longer before going on parental or maternity leave. When it comes to tips, they are not protected under employment law, but employers may not deduct money from employees for breakages, cash register shortages or faulty workmanship. Criminal records are not protected, and employers may ask for one during the job application process. Specific laws are in place to regulate where and for how many hours children under 18 may work and the types of tasks they may do.

These are but some of the rights employees might think they have, and it is always a good idea for employees to make sure they understand the company’s policies. Employers and employees in Alberta have every right to seek legal counsel to resolve their issues. A lawyer with experience in dealing with employment contract disputes can assess the circumstances and problems that cannot be resolved through direct negotiations or mediation might have to be litigated in court.

The first option is to file a contract claim for wrongful dismissal or another violation of the employment contract or to file a tort claim for intentional infliction of emotional distress. Only financial damages can be sought in a tort claim. The plaintiff can claim compensation in lieu of notice and aggravated damages if there is proof that the manner in which the plaintiff was terminated caused mental distress.

In extreme cases, the plaintiff might seek punitive damages for an employer’s harmful behaviour. If the plaintiff seeks an apology and changes to the employer’s discrimination policy along with monetary compensation, a tort claim is not the way to go. If the plaintiff is a union worker, these demands and reinstatement can be pursued through the union under its collective agreement. Another option is to file a complaint with the Human Rights Commission for consideration, based on the facts of the case.

Choosing the best way to pursue a claim that involves discrimination is vital. It makes sense to consult a lawyer who has extensive experience in navigating employment law issues. An Alberta lawyer whose skills cover tort law, dealing with labour unions and human rights claims can assess the circumstances and advise the best way to proceed. Legal counsel can then advocate for the plaintiff in pursuit of the best possible outcome.

In industries where employee safety is at risk, employers may implement programs to test workers for impairment. However, before putting a plan in place, it might be a good idea to seek legal counsel on applicable labour and employment laws, human rights issues, occupational safety and health matters and privacy. Furthermore, any policies developed to deal with impairment in the workplace must be specific. Employees must know what is considered as impairment, and the steps that will be taken if a worker’s impairment poses risks to others.

Such policies should include steps to identify impairment and assess the risk level and implement controls to prevent it in the workplace. Along with developing safe procedures, employees must be encouraged to report incidents of impairment. While documenting and investigating reported incidents is essential, employers are urged to support workers with substance abuse problems.

Employers in Alberta might find that being proactive in the approach to impaired workers could be in the best interest of the business and avoid the need for termination. An experienced lawyer in this field of the law can be an invaluable asset. Legal counsel can assist with the development of policies by which workers understand an employer’s expectations when it comes to impairment in the workplace.

It is a good idea for any employer to make sure that employees are aware of rules in the workplace, and the consequences that could follow disregarding those regulations. It is also a good practice to keep records about any conversations regarding inappropriate conduct or behaviour. These records must include the date, time and the outcome of such encounters. Such documents will be required if an employee’s misconduct leads to termination for just cause any time in the future.

For such a termination, the employer must be able to justify the dismissal. Dissatisfaction with an employee’s performance is not enough to justify termination without notice. The employer must demonstrate proof of real misconduct, incompetence or poor performance, and also evidence that the worker was informed of the steps that could be taken if he or she fails to perform duties in the required manner, or fails to obey specific rules.

This is a complicated issue and one which most employers in Alberta prefer to discuss with an experienced lawyer. Legal counsel with extensive experience in dealing with employment law issues can be an invaluable asset. It might be a good idea to discuss the matter with a lawyer before issuing a notice of termination for just cause.

Along with alcohol, cannabis and other drugs, other causes of impairment include prescription drugs and fatigue. Temporary stress about personal problems such as financial difficulties or grief can cause impairment and so can anxiety, depression or other mental health conditions. Existing medical conditions that include potential seizures must also be reported to the employer.

Employers and co-workers might notice common indicators of impairment and take the necessary steps to protect the rest of the workforce. Signs of impairment could include slurred speech, altered demeanour, a changed health condition or lack of personal hygiene. Psychological red flags could include mood changes, forgetfulness, the inability to focus and inappropriate behaviour. If it is not a one-time incident, errors in judgement, increased absence and significant performance changes might indicate problems.

Business owners and employers in Alberta who are unsure of how to deal with breach of contract or other employment law matters can seek the support and guidance of a lawyer with extensive experience in this field of the law. Impulsive action upon employee misconduct could bring about legal problems for employers. Legal counsel can assess the circumstances and suggest the most appropriate way to proceed.

Anyone whose work hours exceed eight hours per day or 44 hours per week is entitled to overtime pay. Furthermore, employers may not deduct money for damages from a worker’s wages; however, money from tips can be used to pay for broken glasses or other damages. As soon as a person is employed, vacation time begins to accumulate. After 12 months with the same employer, workers are entitled to paid vacation time. 

Employers must ensure that workers have the necessary safety equipment, and know the proper way in which to use it. Employers are responsible for the safety of employees. In addition to these workers’ rights, employees are entitled to accommodation for their needs, except if meeting those needs would bring undue hardship for the employer.

As with most laws, there are always exceptions, and workers in Alberta who are victims of discrimination or violations of other employee rights might have questions about their legal rights. The sensible thing to do would be to consult with a lawyer. Legal counsel with experience in all aspects of employment law can provide advocacy that will allow the worker to make informed decisions about how to proceed.