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Wrongful Dismissal

We have extensive experience representing employers in wrongful dismissal, constructive dismissal and other related actions, including enforcement of non-competition, non-solicitation and confidentiality covenants and agreements. 

Our team has represented clients at all levels of court when matters proceed to litigation and is also skilled at negotiations and settlement of claims where litigation should be avoided.

Contracts of Employment

We provide proactive advice concerning the management of employees and the implementation of employment contracts and policies as measures to mitigate the risk of litigation.

We also draft independent contractor agreements and advise employers on strategies to limit the risks associated with an independent contractor workforce. We provide direction to assist our clients in managing their independent contractor workforce and develop strategies to ensure that those engaged as contractors are truly independent contractors and not employees.

Termination + Severance

We advise employers with respect to employee terminations at the time of breakdown of the employment relationship and also work with our clients to minimize the time and cost associated with an employee termination by pro-actively drafting termination clauses in employment contracts and giving advice on performance management.

We offer advice in complex situations such as just cause terminations, disability or other leave situations, and situations involving the use of alcohol and drugs.

We advise employers on the elements of proper, fair and defensible severance packages. This includes considerations of working notice or pay in lieu, the appropriate reasonable notice period, continuation of benefits after the termination date, provision of reference letters, and outplacement counselling as well as whether to negotiate with a dissatisfied employee.

Workplace Policies

We help businesses and organizations mitigate risks by preparing, developing, adapting and reviewing workplace rules, policies and procedures and help to ensure our client’s policies are current on employment law developments. We provide legal advice on workplace rules, policies and procedures such as:

  • Performance evaluations
  • Hours of Work
  • Overtime
  • Vacation
  • Holidays
  • Personal leave
  • Sick leave
  • Compassionate leave
  • Maternity and parental leave
  • Other leaves of absence
  • Employee bonuses and benefits
  • Professional development
  • Electronics and Internet
  • Harassment and sexual harassment
  • Progressive discipline
  • Dress codes and uniforms
Partner / Privacy and Data Protection Officer
VCARD
Practice Group Leader
Calgary
knicholson@fieldlaw.com
Executive Committee Member
Edmonton
dcranna@fieldlaw.com
September 2020 - 3 min read
Update: Medical Cannabis + the Duty to Accommodate
Keeping Up With Cannabis
The Newfoundland Court of Appeal recently handed down a decision that appears to inject uncertainty into employers’ attempts to accommodate workers in safety-sensitive positions who consume medical cannabis. While the case was decided in Newfound...
June 2020 - 2 min read
What to do When an Employee Resigns after Being Recalled to Return to Work
Employers Asked, We Answered
As restrictions begin to lift, many employers are recalling employees from temporary layoff. In some cases, employees are responding to the request to return to work by resigning. As a result, many employers are wondering whether they are complicit in ...
May 12, 2020
CPHR Alberta Webinar Series: HR Pandemic Essentials - Part 2
Webinar
April 2020
The Nuts + Bolts of the CEWS for Employers
As the Canada Emergency Wage Subsidy (“CEWS”) was made official on April 14, 2020, employers potentially eligible for this subsidy should now be considering what proactive steps they can take to support the intent of the new legislation, sp...
April 2020
Eight Things to Know About the Canada Emergency Wage Subsidy
The Canada Emergency Wage Subsidy (the “Subsidy”) is a measure announced by the Government of Canada providing a 75-per-cent wage subsidy to eligible employers for up to 12 weeks, retroactive to March 15, 2020.  Field law has previousl...
April 9, 2020
Eligibility Requirements for the Canada Emergency Wage Subsidy
We provided our most recent update on the Canada Emergency Wage Subsidy on April 1, 2020. On April 8, 2020, the Government of Canada announced changes which relax the eligibility requirements for the Canada Emergency Wage Subsidy (the “Subsi...
April 2020
Suspended or Not? Limitation Periods in Employment Law
On March 30, 2020, Ministerial Order 27/2020 from the Minister of Justice and Solicitor General suspended limitation periods and periods of time within which any step must be taken in any proceeding or intended proceeding, from March 17 to June 1, 2020...
April 2020
Temporary Changes to Alberta Employment Standards Legislation
On April 6, 2020, the Alberta Government announced temporary changes to the Employment Standards Code and Employment Standards Regulation to assist employers and employees in this difficult time.  What we know about the changes so far, and their p...
April 1, 2020
UPDATE: What Does the 75% Wage Subsidy Mean for Employers?
The Government of Canada continues to announce details of the Canada Emergency Wage Subsidy (the “Subsidy”). On April 1, 2020, the following details were provided: The Subsidy is available to companies (including partnerships and sole p...
March 27, 2020
What Does the 75% Wage Subsidy Mean for Employers?  
On March 27, 2020, the Government of Canada announced that it would be increasing a previously announced wage subsidy for small and medium businesses from 10% to 75%. The stated goal is to help employers keep employees on the payroll. The wag...
March 25, 2020
Your Guide to the Federal COVID-19 Aid Legislation
Bill C-13 today received royal assent, bringing into force many of the initiatives first announced by the federal government on March 18, 2020 in response to the challenges employees and employers are facing due to COVID-19. Part of Bill C-13 brou...
March 20, 2020
COVID-19: Employment + Immigration Do’s and Don’ts
Webinar
Learn what employers and employees can and can’t do during the pandemic, and how travel restrictions will affect Canadians. Presented by Christin Elawny and Miranda Sinclair this webinar will discuss up to date information on the ever-evolvi...
March 19, 2020
New Federal Support for Employees + Employers
As part of a new $82 billion spending package, the federal government today announced that approximately $27 billion would be directed to support for employers and employees affected by the COVID-19 situation. Parliament could be recalled as early as n...
March 18, 2020
UPDATE: Alberta Government Announces Details of COVID-19 Leave
On March 16, 2020, Field Law reported on the Alberta government’s plans to amend the Employment Standards Code to allow employees who are required to self-isolate or care for a family member with COVID-19 to take 14 days of paid leave to cover th...
February 2020
Just Horsing Around: When Off-Duty Conduct Becomes Cause to Terminate
Workwise Newsletter
The ever pertinent question of when off-duty conduct will constitute just cause dismissal was recently considered by an arbitration board in Prince Edward Island (Canadian Union of Public Employees v A Nursing Home Inc.). An individual was termina...
February 10, 2020
Human Rights Obligations Following a Positive Drug Test
Keeping Up With Cannabis
In Maude v NOV Enerflow ULC, 2019 AHRC 54, the Human Rights Tribunal of Alberta provided some helpful reminders to employers on the intersection of drug test results and human rights. In March, 2016, Mr. Maude tested non-negative for drugs follow...
February 2020
Duty to Accommodate:  Understanding Employee Needs
Workwise Newsletter
One of the first decisions issued by the Alberta Human Rights Tribunal in 2020 offers an important reminder in regards to an employer’s duty to accommodate. The decision of Salazar v J.S.L. Investments Corporation (“Salazar”), em...
Winter 2020
2019 - A Year in Review Seminar Series
Seminars
Join the Field Law Labour + Employment Group for our annual seminars featuring legal updates and practical challenges for management and employee groups.Part 1 has been approved for 1.75 CPD hours and Part 2 has been approved for 2.25 CPD hou...
September 26, 2019
Must Have Policies for Employers: Why, What + How
Seminars
Join Field Law in Edmonton and Calgary and learn tips and tricks to assist with the implementation and enforcement of three workplace policies Employers should have in place in today’s market.We will explore how changes in legislation and culture...
February 6, 2019
2018 Year in Review for Northern Employers
Seminars
Join Field Law for a review of the most important legal cases from 2018. Topics covered will include: Labour Employment Human Rights Occupational Health + Safety Privacy Immigration Cannabis This seminar will be broadcast live via ...
Winter 2019
2018 A Year in Review Seminar Series
Seminars
The Field Law Labour and Employment Group presents the annual Year in Review seminars in Calgary and Edmonton. Join us for legal updates and practical challenges for management and employee groups in the areas of:  Part 1: Human Rights ...