Edmonton Employment Lawyers

Lypkie Henderson has advised hundreds of Albertans through the most challenging of employment situations. Our labour lawyers strive to enforce our client’s rights and recover the damages which they have sustained due to their employer’s actions. We recognize the practical realities that many employees face upon losing their jobs and the need for concise and efficient advice. We are results-oriented and focus on understanding the best outcome for each client and following through to ensure that we reach that outcome for them.

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EMPLOYEES

We have acted against a wide range of employers, including

  • Large corporations, including multi-national and Fortune 500 corporations
  • Municipalities
  • Governments, Government agencies, and Crown Corporations
  • First Nations bands and related businesses
  • Small and medium-sized businesses
EMPLOYERS

Our experience has supported employees in many areas, including

  • Review and legal advice on severance packages
  • Negotiating for higher severance packages, including tax optimization, directly with employers on behalf of employees
  • Wrongful dismissal litigation through both the Provincial Court of Alberta and the Alberta Court of Queen’s Bench
  • Constructive dismissal claims and litigation, including hostile work environments, unlawful temporary layoffs, and forced demotions
  • Advising employees and former employees on their obligations under restrictive covenants, including both non-compete and non-solicitation agreements

Employment Law

From wrongful dismissal to unfair severance, see the advice we have given to Albertans in challenging employment situations.

Our Results and Employment Law Experience

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Wrongful Dismissal

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Constructive Dismissal

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Just Cause Terminations

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Negotiating Severance Packages

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Termination and Disability

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Termination and Maternity Leave

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What is Fair Severance Pay in Alberta?

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Non-Competition & Non-Solicitation Disputes

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Employment Agreements (Drafting, Review, Negotiation)

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Frustration of Employment Contract

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Federally Regulated Employees (Canada Labour Code)

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Alberta Provincial Government Employees

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Our employment law practice excels in

Wrongful Dismissal
Learn more about our experience with wrongful dismissal and how we can help you.
Termination During Leave
Have you been terminated during a work leave? Learn how we can help you.
Unfair Severance
We’re here to provide you with all the legal support you need when fighting for your severance.
Breach of Contract
Protect yourself in the event of a breached contract with our vast experience and knowledge.

Let Us Help You

The Lypkie Henderson Employment Law office can provide the advice and assistance you need to get the severance you deserve and redress unjust treatment.


Here’s what our clients have to say

Please note that our firm does not represent unionized employees

Employers, big or small, will come across many legal issues when handling their employees. At times there are disputes within the workforce about pay, holidays, bonuses, or severance. Lypkie Henderson can advise you on all of these issues in order to keep your business running smoothly.

Move Forward with Confidence

We know that many areas of law can be overwhelming. Whether it’s your estate, job, or business, mountains of legal documents should be the least of your worries. Let us take care of the details so you can move forward confidently into the future.

Frequently Asked Question

Question about Employment rights? Lypkie Henderson has guided employers and employees through many cases involving wrongful dismissal, termination, and severance and is here to assist you.

  • What are my rights as an employee in Alberta?

    Employees have significant rights under Alberta law. These rights are found in a variety of sources, including Court decisions and within legislation. The Employment Standards Code and the Alberta Human Rights Act are a few examples of the legislation which govern the employment relationship. Given the different sources of law that apply to employment relationships, it is important to obtain legal advice to understand your rights and obligations as an employee.

  • I may have been wrongfully dismissed, what are my next steps?

    You should seek legal advice. An employment lawyer can discuss your case, the risks associated with it, and ultimately help you to assess whether it is worth pursuing against your former employer.

  • I have been asked to sign a Release by my Employer, what do I do?

    Seek legal advice before signing a Release. Signing a Release results in you giving up legal rights and it is critical that you are informed as to what you are agreeing to and whether your employer is adequately compensating you in return for signing the Release.

  • What am I entitled to upon receiving a severance package?

    This is a complicated analysis and the answer will vary significantly depending on the unique factors of your case. Examples of some of the factors which an Employment Lawyer will consider with you in determining a fair severance package include whether you signed a valid employment contract, whether you were dismissed for just cause, and how difficult it will be for you to find a similar job.

  • What are common pitfalls in severance packages?

    A common mistake people make when reviewing their severance package is to value their compensation using only their base pay. In general terms, your severance package should reflect your total compensation. This means not just base pay, but also overtime, bonuses, stock options, commissions, employee benefits, and pension contributions. You want to ensure that your severance package reflects your total annual compensation. This difference, if neglected, can result in you accepting an unfair severance package.

  • Is my severance package negotiable?

    Yes, in our experience the majority of severance packages are negotiable. We recommend that you obtain legal advice before taking this step.

  • Can you assist me in negotiating my severance package?

    Yes, many of our clients hire us to negotiate directly with their employers on their behalf. In other situations, you may take the lead on negotiation with our firm providing you with advice behind the scenes.

  • What can I negotiate in my severance package?

    Most severance package negotiations focus on financial compensation. However, you should also consider negotiating for an extension of employee benefits, a positive reference letter, to structure the payments in a tax-efficient manner, or particular terms of the Release / Settlement Agreement.

  • What does “wrongful dismissal” mean?

    Wrongful dismissal occurs when your employment is terminated:

    1) without just cause, and

    2) without reasonable notice or compensation in lieu of notice being provided to you by your employer.

  • I am no longer an employee, can I still file a complaint?

    Yes. In our experience, most employees initiate complaints against their employers once their employment has ended. Also, remember that many claims must be filed within strict deadlines otherwise you will lose your claim.

  • What are Restrictive Covenants and what are my rights?

    Restrictive covenants are legal agreements which attempt to limit your ability to compete against your employer or to solicit your employer’s customers once you have left your employment. There are strict technical requirements which an employer must satisfy for these types of agreements to be enforced by a Court. In our experience, many restrictive covenants are improperly drafted and are not enforceable.

  • What does “just cause” mean?

    “Just cause” means that you have committed misconduct which is serious enough to justify dismissal from your job with no advance notice or compensation. Typically, just cause arises for only very serious offenses or if the employer has given you multiple warnings and a fair opportunity to correct deficiencies in your employment. If your employer is claiming just cause it is important to get legal advice on your situation and to determine whether the employer’s position is valid or not.

  • My contract has been breached, what are my next steps?

    You should immediately seek legal advice. In many situations involving breach of contract, you must take immediate action otherwise you risk losing your claim by acquiescence.

  • What should I do if my employer asks me to sign an employment contract?

    Obtain legal advice from an Employment Lawyer. Employment contracts can significantly limit your legal rights. For example, employers frequently attempt to use Employment Contacts to limit your severance rights or your ability to work in your field after termination of employment. It is important to understand what you are signing and to consider negotiating the terms of the contract.

  • What are common examples of constructive dismissal?

    Common examples of constructive dismissal include demotions, pay reductions, temporary layoffs, workplace harassment, geographic relocation, and changes in working conditions.

  • How do I know what my rights are as an Albertan employee?

    Employees have significant rights under Alberta law. These rights are found in a variety of sources, including Court decisions and within legislation. The Employment Standards Code and the Alberta Human Rights Act are a few examples of the legislation which govern the employment relationship. Given the different sources of law that apply to employment relationships, it is important to obtain legal advice to understand your rights and obligations as an employee. 

     

  • Can I leave my Estate to whoever I want?

    No. The law requires individuals to honour their obligations to their spouse and any other dependants they may have. This obligation does not disappear just because a person is deceased. It is also important to remember that death triggers tax obligations which must be satisfied at that time. Therefore, only after you have satisfied your obligations to your dependants and the tax department will you be free to dispose of your remaining assets as you wish.

  • I may have been wrongfully dismissed, what are my next steps?

    You should seek legal advice. An employment lawyer can discuss your case, the risks associated with it, and ultimately help you to assess whether it is worth pursuing against your former employer.