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Process
Our methodology begins with a comprehensive case assessment, analyzing employment contracts, termination letters, and all relevant communications against applicable provincial statutes like the Alberta Employment Standards Code. We then develop a litigation strategy, which may include pre-action negotiations, filing a Statement of Claim, and pursuing discovery. For matters involving Termination & Dismissal, we meticulously calculate entitlements, often identifying additional claims for bad faith damages or aggravated distress. Our process is data-driven, leveraging precedent research and forensic document review. We aim to secure favorable settlements, with over 85% of our cases resolving before trial, though we prepare every file as if it will proceed to court.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Case Resolution Timeline | 4-12 months |
| Standard Limitation Period (AB) | 2 years from termination |
| Common Notice Period Range | 1-24 months |
| Initial Consultation | 60-90 minutes |
Local Considerations — Edmonton
Employment law practice varies significantly across Canada's provinces and territories, each with its own employment standards legislation and common law interpretations. In resource-driven economies like Alberta's, we frequently handle complex termination cases in the oil and gas, engineering, and construction sectors, where compensation packages and non-competition clauses are highly specialized. In contrast, cases in federal jurisdictions or within federally-regulated industries such as banking or telecommunications fall under the Canada Labour Code. Our national practice allows us to navigate these regional nuances, whether representing a professional in Edmonton or coordinating with counsel in other major centers to manage multi-provincial issues for corporate clients.
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Employment Lawyers in Edmonton: Practice Areas
Locations covered in Edmonton
Standards & Compliance
- Alberta Employment Standards Code
- Canada Labour Code (R.S.C., 1985, c. L-2)
- Canadian Human Rights Act
- Personal Information Protection and Electronic Documents Act (PIPEDA)
Frequently Asked Questions
What is the most common mistake employees make after being dismissed?
The most critical error is delaying legal advice. Employees often underestimate the value of their claim or miss crucial filing deadlines. Speaking to a lawyer immediately preserves your rights, ensures proper documentation, and prevents you from inadvertently accepting a low severance offer or signing a damaging release.
How do you determine a reasonable notice period?
We apply the Bardal factors, established by common law: the employee's age, length of service, character of employment, and availability of similar work. We analyze recent case law and often engage labour economists to provide reports on local job market conditions, building a data-backed claim for an extended notice period beyond statutory minimums.
What does the litigation process typically involve?
The process starts with a demand letter and negotiation. If unresolved, we file a Statement of Claim, followed by examinations for discovery, where both parties are questioned under oath. Mediation is often mandated by the court. Most cases settle during these stages. If not, the matter proceeds to a trial, which we prepare for meticulously from the outset.
How much does an employment lawyer cost in Canada?
Legal fees depend on case complexity, the stage at which it resolves, and whether litigation is required. Many wrongful dismissal cases are taken on a contingency fee basis, where legal fees are a percentage of the recovery, aligning our interests with yours. For other matters, we offer competitive hourly rates or flat-fee arrangements. The best course is to request a specific proposal following a case assessment.