A well-drafted termination clause can provide clarity, reduce risk, and significantly limit an employer’s liability. A poorly drafted one can do the opposite.
Employers defending termination clauses should resist the reflexive argument that any post-termination underpayment automatically voids the clause. That is not the law.
Employers in Alberta have a legal obligation to accommodate employees with disabilities, up to the point of undue hardship. If the employer fails to properly accommodate, the employee may bring a claim for discrimination.
Independent contractors can offer flexibility and cost savings for businesses. However, misclassifying a worker who can expose an organization to significant legal and financial risk.
Constructive dismissal is not about whether an employer intended to terminate an employee. It is about whether the employee’s job has been fundamentally altered.
A clear understanding of what counts as harassment, why investigations matter, and how to handle them properly, including when to call in outside help.