Can I be transferred without my consent?
Not necessarily. Depending on the circumstances an employer may be required to obtain your consent to any transfer and an unauthorized transfer may be considered constructive dismissal which could, in turn, entitle you to compensation for failure to provide reasonable notice of the change.
What is constructive dismissal?
Constructive dismissal describes a situation where you are not formally terminated but your employer substantially changes the terms of your employment so as to make working there intolerable. As with a formal termination, you may be entitled to compensation for your employer’s failure to provide reasonable notice of those changes that have resulted in the constructive dismissal.
How long do I have to work at a job before I qualify for maternity leave?
Employees become eligible for maternity and parental leave if they have been employed at least 90 days with the same employer. Birth mothers can take up to 16 consecutive weeks of maternity leave. Either parent can take up to 62 weeks of parental leave or it can be shared between them. You may still be granted maternity leave if you have been employed for less than 90 days, however it is not statutorily required.
How long before I give birth can I take maternity leave?
Maternity leave may start at any time within 13 weeks leading up to the estimated due date.
Is my employer required to give me my old job when I return from maternity or parental leave?
If the position you held prior to your leave still exists, you are entitled to be reinstated to that position. If the position no longer exists, the employer is required to provide you a comparable position. However, if the employer can prove that the job position legitimately no longer exists (for example, the company downsized), the entitlement to get your job back does not apply.
If I’m paid an annual salary, do I get overtime?
Regardless if you are paid hourly or an annual salary, you are usually entitled to overtime pay of at least 1.5 times your regular rate for each hour of work over 8 hours in a day or 44 hours a week. But there are exclusions, such as if the type of work you do is supervisory or managerial.
Can my employer refuse to give me breaks?
No, you are entitled to 30 minutes of rest for every 5 hours of work. The break can be taken all at once, or broken into two 15 minute breaks. Keep in mind however that an employer is not required to pay you for those breaks
What do I do if my Manager is harassing me?
The first thing you should do is report the harassment to your supervisor or manager in writing. If the supervisor or manager is the one harassing you, you should report it to the Human Resources (HR) department or senior management if there is no HR department. Human rights and health and safety legislation will likely protect you from workplace harassment – although it depends on the nature of the harassment. It is best to consult a lawyer for further advice.
What are my legal rights if I’m fired without cause?
Unless the terms of an employment contract state otherwise, you are entitled to a minimum statutory notice of termination or pay in lieu and severance pay as provided by the Employment Standards Code. In many cases, an employee will be entitled to a longer notice period than the statutory minimums depending on a number of factors such as age, length of employment, income and position. It is best to consult an employment lawyer for advice in this regard.
Can I be fired if I’m off sick for a prolonged period?
Yes, you can – if you are off work for a prolonged period and can’t do the essential duties of your job an employer may fire you. However, this can only happen after your employer takes the facts of your situation into consideration and obtains sufficient medical documentation to show that you cannot return to work in the foreseeable future. Even if the employer does all of these things, you are still entitled to termination pay and severance pay.
Can my employer force me to work weekends?
Yes. Although the Employment Standards Code states that an employer must allow employees days of rest, in Alberta, there is no mention of which days they have to be. However, if an employer significantly changes your work schedule without your agreement, such as regularly requiring you to work weekends, a constructive dismissal claim may be triggered. If weekend work is a job requirement, you may want to consider this when deciding whether to take the job.
Can I compete with my employer if I resign from my position or I am fired?
Courts are often reluctant to enforce non-compete clauses within employment contracts unless it is in the context of the sale of a business where the seller continues to work for the buyer. However, courts do enforce non-solicitation agreements much more often regardless of whether the employee is fired or resigns. There may also be additional obligations on departing key “fiduciary” employees, such as management or employees with direct customer contact and authority to act on behalf of the employer. If there is any question of whether you are a “fiduciary” employee you should discuss the matter with a lawyer before starting any new position in competition with your former employer.
How many warnings do you get before you get fired?
This depends on several factors, such as whether your job is seasonal, the period you were employed, and the nature of your conduct.
Can my employer refuse to give me a vacation?
If you have worked more than 12 months at the job, your boss must give you either vacation time or vacation pay. However, your employer can refuse to give you a vacation at a certain time. If you and your employer cannot agree on when you can take vacation, your employer must give you two weeks written notice of when to take the vacation and you will be required to take it at that time.
Can I be fired for failing to hit my sales target?
Possibly, depending on your specific employment agreement or situation. Progressive discipline and clear warnings of the possibility of termination would ordinarily be first required as well as a consideration of the terms of the employment contract. Regardless of the reason for termination, you may still be entitled to compensation for your employer’s failure to provide “reasonable notice” of the termination.
Can my employer refuse to give me a raise?
Yes, as this is not addressed in the Employment Standards Code.
Am I entitled to Overtime pay?
Most employees are entitled to overtime pay if you have worked over 8 hours in a day or 44 hours in a week, however there are some exemptions for certain industries and professionals.
What is banked overtime?
Banked overtime occurs when an employer gives an employee time off work with pay, at a rate of 1.5 hours for each overtime hour worked, instead of paying overtime. It is good to discuss this with your employer beforehand.
I have been terminated without cause. What can I do?
If your employment is terminated without cause, your employer must provide you with either working “reasonable notice” of the termination, or alternatively pay you compensation for your losses during a “reasonable notice” period if they choose not to allow you to continue to work. The Employment Standards Code sets minimum “reasonable notice” periods of between 1-8 weeks depending on how long you have worked for that employer. That is just the starting point however and the Courts have set precedents that could lead to much longer “reasonable notice” periods depending on length of service, your type of work, age, salary, education and many other factors. Keep in mind however that you have a legal obligation to try to find replacement work as soon as you are made aware of the termination. Failure to do so or to prove your attempts to find work could result in a reduction or elimination of a claim for compensation. You should consult a lawyer to discuss your unique situation and options with respect to appropriate compensation in your unique circumstances.