THE LAW IN PLAIN ENGLISH: EMPLOYMENT LAW

It may sound odd but sometimes someone who seems to be an employee is actually an independent contractor. Depending on which of these you are, you will be entitled to different rights and and subject to different rules.

You can generally tell the difference between a true employee and an independent contractor by looking at who owns the tools or equipment required for the job, who controls what the worker does all day, how much independence the worker has, whether the worker works for many employers or one employer, and so on.

Generally, employees in Alberta have the following rights:

• Be paid a minimum wage
• Be paid some form of overtime pay when working overtime hours
• Know when they have to work
• Be paid at least monthly
• Receive vacation pay
• Receive holiday pay
• Receive their full pay
• Take maternity or pregnancy time off
• Be treated fairly
• Receive notice before being fired
• Be paid when injured on the job
• Join a union

Termination

An employer can always fire or lay off an employee without just cause if they give the employee proper notice of the firing or if the employer pays them instead of giving proper notice.

Generally speaking, the length of time you work for an employer determines the amount of notice (or pay in lieu of notice) you should receive.

Courts have also taken the following into consideration in these situations:

• the work the employee did (duties and responsibilities);
• how long the employee worked for that employer;
• the employee’s age;
• what other employers in the industry give to their employees in similar jobs; and
• the general state of the economy.