Employment Law Hero | Osuji & Smith Lawyers

Calgary's Top-Rated Employment Lawyers

Employment Law for Employees & Individuals

Recognised independently. Trusted by employees across Alberta — from wrongful dismissal and severance reviews to workplace harassment and constructive dismissal.

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200+ Combined Experience

45+ Years of Service

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Employment Law Main | Osuji & Smith Lawyers

Who We Represent

Being let go from a job you gave years to is not a clean legal transaction. It is disorienting. It can feel like a loss of identity, financial security, and professional standing — often all at once.

We know that. It is why the first thing we ask a new client is not what their contract says. It is how they are doing. Whether you are an employee facing dismissal, reviewing a severance offer, or navigating a hostile workplace — we are here before you sign anything.

45+ Years Serving Alberta Employees

Our Standard

Understand the Person Before You Build the Case

Clients who come to us after consulting other lawyers — sometimes five or six of them — tell us consistently that the difference was immediate. Not just in outcome. In how they felt walking out of the first meeting.

With our team, hiring one lawyer here means you hire the entire brain-trust of our firm. Your lawyer draws on combined experience spanning hundreds of employment matters across Alberta — different industries, dismissal patterns, and employer tactics. That reach is what allows us to find what others would not think to look for.

Our Services

Employment Law for Employees

Wrongful Dismissal

Losing your job is stressful enough — but if you are not provided with the notice and the compensation you are entitled to, the situation is even worse. Wrongful dismissal, also called wrongful termination, is when an employer fires an employee without a legal reason to do so. The employer fails to protect the legal rights of the employee. It is a breach of common employment law standards. You might have been wrongfully dismissed if you were fired based on false allegations, were not given reasonable notice, or your employer failed to pay the full amount you have a right to upon the termination of your employment — such as severance, notice period pay, vacation pay, or your final pay. If you feel wrongful dismissal has impacted you, do not sign anything and reach out to one of our employment lawyers today. You have rights you may not even know you have. We are here to help you uncover them.

Severance Reviews

Before you sign anything, let us read it. A severance package is a starting position, not a final answer. We audit the offer precisely — identifying what has been omitted, understated, or structured in your employer's favour. When you are let go, your employer is obligated to provide you with a termination notice. The minimum notice periods under the Alberta Employment Standards Code are: 1 week for less than 2 years of employment, 2 weeks for less than 4 years, 4 weeks for less than 6 years, 5 weeks for less than 8 years, 6 weeks for less than 10 years, and 8 weeks for 10 or more years. An employer may request that the employee does not work during the notice period — in these instances, termination pay (also known as pay-in-lieu) is expected. Businesses will often try to convince staff to sign documents that exempt them from the entitlements they deserve. Do not sign anything and reach out to us today.

Constructive Dismissal

Constructive dismissal typically occurs in one of two scenarios: the employer unilaterally changes the terms and conditions of the employment contract, or the employee is forced to quit due to a toxic, hostile, or unsafe work environment. When your employer makes your role unrecognisable — cutting your pay, stripping your responsibilities, or making conditions untenable — staying is not a resignation. We help you understand what you are entitled to when that line has been crossed. Constructive dismissal cases can be complicated. If you are a victim of workplace harassment, we encourage you not to quit your job before consulting an employment lawyer. If you have already quit your job, consult with us to help determine if you have a constructive dismissal case and how to proceed. The law requires an employee to clearly establish that a constructive dismissal has occurred — our experienced lawyers can help you fulfil the legal requirements.

Workplace Harassment & Human Rights

In every employment relationship, an employer has the duty to protect and accommodate the right to equal treatment of persons. This extends across the entire process — job applications, recruitment, training, transfers, promotions, dismissals, layoffs, and terminations. A failure to safeguard against discrimination or harassment may attract human rights claims. By law, the respect of human rights must be complied with and applied in every workplace setting. Human rights issues can arise at the end of an employment relationship without warning — including in cases of resignation, termination, restructuring, layoffs, and voluntary retirement. Under the Alberta Human Rights Act, employers are held responsible for maintaining a work environment free from harassment and discrimination based on gender, ethnicity, disability, age, religion, marital status, sexual orientation, and pregnancy. We represent employees facing human rights violations, with a focus on resolutions that hold up beyond the immediate legal outcome.

Employment Contracts

Your employment contract governs your working life and your departure from it. When dealing with an employment law problem, it is imperative that you have all the information to make an educated decision. We have the skill and knowledge concerning a wide range of employment law and have dealt with drafting and reviewing employment agreements and contracts, drafting and reviewing employment policies, confidentiality agreements, non-competition and non-solicitation agreements, as well as fiduciary obligations of employees and employee rights connected to amalgamations, mergers, and the sale of a business. During the course of employment and upon termination, you may deal with various workplace and government rules and regulations. These could get complicated depending upon your role and responsibilities. If a clause is not in your interest, we will tell you which one and why, before you sign anything.

Non-Compete & Restrictive Covenants

In Alberta, restrictive covenant clauses are frequently broader than the law will enforce. Signing a contract that states you are bound by certain restrictions does not automatically mean you are legally bound to all of them. Although there may be a written contract, this does not dictate what the relationship is. Signing a contract that states you are an independent contractor or that restricts your post-employment activities does not automatically disentitle you to the rights and protections available to you under the law. If by applying the relevant legal factors your situation is indicative of a different arrangement, the Court may disregard your written agreement. We advise employees on the true scope and limits of what they have signed — so you know exactly what binds you and what does not before you accept a new role or leave your current employer.

Termination of Employment

Whether you are a full-time employee or on a contract, you have protections under the law if you are terminated. We can help you understand the complex rules and regulations in the simplest way possible. When you come to us, we will walk you through the employment standards entitlement. Depending upon your case, we can advise you on whether your termination was justified under the labour standard code and what compensation you are entitled to receive. Employee-employer relations are multifaceted. Our lawyers will take the time to listen to your story and understand your goals and aspirations. We offer options based on your background and experience, with a plan to move forward. Our experience in negotiating terms has been very effective with many of our clients — but if negotiations or conversations with your employer do not produce results that work for you, then we will file your claim. For us, it is important to remain cost-conscious for your benefit.

Workplace Investigations & Disciplinary Proceedings

Did your employer fire you for misconduct without a proper workplace investigation and disciplinary proceedings? If so, our employment lawyers can help you fight for the entitlements you deserve. Wrongful accusations and rumours have the power to end someone's career. In the cases that have passed by our firm, an employer's wrongful accusation almost always comes from either innocent misunderstandings or pure malicious intent. Whatever the root of the issue is, your employer has a responsibility to investigate the claim thoroughly and proceed with disciplinary action. Workplace investigations are meant to uncover and document the facts behind an allegation. Your co-workers should never feel bullied or coerced to help support a claim. As an employee — whether you are the accused, the claimant, or a witness — you have the right to be treated with respect and dignity throughout the process. Terminations without a proper investigation or disciplinary proceedings are unlawful. You could have a case for wrongful dismissal, and we are here to help.

Sexual Harassment

In Alberta, sexual harassment in the workplace is taken seriously and with the utmost urgency. Employers are legally obliged to maintain a working environment free from sexual harassment, protecting the rights and dignity of all employees, customers, and clients. This responsibility is backed by the Alberta Human Rights Act, which holds employers accountable for prompt and appropriate actions in response to sexual harassment complaints. Our team's expertise covers a broad spectrum of cases, ranging from subtle forms of harassment that create an uncomfortable work environment to severe instances involving unwanted physical contact or explicit sexual comments. Regardless of the severity, we are committed to offering robust representation to every client, with a clear focus on ensuring a harassment-free workplace. We also specialise in human rights litigation, representing victims of sexual harassment in negotiation, mediation, and before human rights tribunals and courts — working tirelessly to ensure our clients get the justice they deserve.

Workplace Bullying & Harassment

Workplace harassment is reported by an average of 37% of Canada's workforce. Bullying and harassment are broadly defined as a pattern of ongoing negative behaviour targeting a specific person or group — in various forms including verbal abuse, emotional manipulation, threats and intimidation, abuse of power, spying or stalking, spreading rumours and gossip, deliberately hindering a person's work, intentionally withholding information, removing areas of responsibility without cause, and unwarranted or undeserved punishment. Harassment and bullying in the workplace can have far-reaching effects on physical, mental, and financial health. Under Alberta's Occupational Health and Safety Act, employers are required to develop and implement a written harassment prevention plan. The Alberta Human Rights Act prohibits harassment and discrimination based on gender, ethnicity, disability, age, religion, or marital status. If you are experiencing bullying or a hostile work environment, we are here to advise you on your rights and the most effective course of action.

Maternity & Parental Leave

Welcoming the newest addition to your family should be a joyous occasion — but if you lose your job during maternity or parental leave, this happy time can be shadowed by stress and uncertainty. You are eligible for maternity or parental leave if you have been an employee at your job for a minimum of 90 days. While you are away on your leave, your employer is not obligated to provide you with wages or benefits — unless otherwise stated in your employment agreement. With that said, your employer has a responsibility to welcome you back to your position, or a comparable one, following your leave. Your employer cannot terminate your employment solely because you require maternity or parental leave, nor can they terminate you on any of the protected grounds specified in the Alberta Human Rights Act. When employers falsely claim that a position has become redundant, or that they are "restructuring" parts of their business specifically to target a staff member on leave, we will inquire into their decision and ensure you are reasonably accommodated for this unlawful behaviour.

Short & Long-Term Disability

Accidents and illnesses can put you on sick leave or disability. Your employer should have benefits and insurance in place to financially help you during these times. Short-term disability (STD) applies to absences lasting less than a year — where the leave is temporary and it is expected that staff members return within a specific time. Long-term disability (LTD) applies when the injury or illness limits the employee's ability to work altogether. Unless you signed a release waiving your rights, your employer has a responsibility to you during these absences from the workplace. Sadly, employers too often challenge employees on their right to disability benefits — or terminate staff when they take a leave from work, claiming the employment agreement has become "frustrated" due to prolonged absence. For an employer to establish a frustrated employment contract, they need to prove that the employee is unable to return in the same capacity. If the employer can determine that return to work is improbable, they must still pay adequate severance and pay-in-lieu of notice. Do not settle for less — we will fight for fair severance and the entitlements you deserve.

Employee vs. Independent Contractor

It is important to understand the difference between an employee and an independent contractor. Knowing the difference and understanding which category you fall under will determine what benefits and protections you are entitled to under the law, and the characterisation of your income. Some of the entitlements that come with being an employee include employment insurance, vacation pay, extended health benefits, pension plans, and severance pay. Many times the Court must determine whether an individual is an employee or independent contractor. The Court looks at: how much control the employer has over the worker; who owns the facilities, supplies, tools and equipment; the worker's chance of profit or risk of loss; and the integration of the worker into the payer's business. Signing a contract that states you are an independent contractor does not disentitle you to the rights and protections you would have as an employee if the working relationship is, in fact, one of employment.

Union & Duty of Fair Representation

As a unionized employee, is your voice being heard? You have the right to be fairly represented when it comes to complaints against your employer. When an individual or group of unionized workers have a formal complaint against their employer, they must submit their grievance to their union first. The union then becomes the exclusive bargaining agent for the employee and has the duty to fairly represent them. They must do so in good faith, and cannot act arbitrarily or discriminatorily. But if your union is brushing off your concerns, is incompetently handling your grievance, or has decided not to assist you at all, you still have the right to pursue your grievance. We can assist you in making a complaint against your union to the Alberta Labour Relations Board or the Public Sector Labour Relations and Employment Board, whichever applies to you. We will ensure they act in your best interest — and if they do not, we will appropriately force them to do so by initiating a complaint against them.

The Advantage

The Osuji & Smith Collective Intelligence

At Osuji & Smith, our primary focus is effective settlement and cost-effective representation for our clients. However, if litigation is the only route, we stop at nothing to get you the best representation.

With our formidable team, hiring one lawyer here means you hire the entire brain-trust of our firm. Your employment lawyer draws on a team whose combined experience spans hundreds of employment matters across Alberta — different industries, dismissal patterns, and employer tactics. That reach is what allows us to find what others would not think to look for.

We offer our legal advice and guidance to residents of Calgary, Airdrie, Chestermere, Red Deer, Edmonton, and across Alberta. Our multilingual team speaks more than 32 languages, and we are committed to speaking your language in every sense of the word.

Before You Sign or Agree to Anything, Talk to Us.

Whether you have received a severance offer, been dismissed, are facing a hostile workplace, or simply want to understand what your contract actually means — speak with us first. We will give you a clear, honest view of where you stand and what your options are. These matters are time-sensitive, so do not wait to schedule an appointment with us.

Client Stories

What Our Employment Clients Say

"Unlike other lawyers I consulted — six in total — who immediately jumped into severance calculations and sounded robotic, Dr. Dimiri began by asking how I was feeling and what had happened. He showed genuine empathy before even discussing the legal details. That human connection meant everything. I feel not just represented, but understood."

Anangelina Archile Employment Client

"Dr. Charles Osuji has been an excellent listener with all the details provided to assess my severance package. Shikha Shukla's recommendations and clear guidance as legal advisor made the process very smooth and free of stress. They responded incredibly quickly and ensured the best possible outcome."

Carmen Brussolo Severance Review Client

"Sukhcreet clearly explained my options and always acted in my best interest, which gave me confidence during a stressful time. The office is well run and genuinely cares about its clients."

B & P Stamatoski Employment Client

Employment Law Does Not Exist in Isolation

A dismissal can intersect with a human rights claim. An executive exit can involve estate planning. An immigration matter can affect your employment status. At Osuji & Smith, your lawyer works within a firm that covers all of it — without you having to engage a separate practice.

Business & Corporate Law → Civil Litigation → Family Law & Divorce → Immigration & Refugee Law → Real Estate Law → Wills & Estate Planning → Personal Injury Law →

Before You Sign or Agree to Anything

Talk to Us First

Whether you are at the beginning of a dismissal, reviewing a severance offer, or trying to understand what a proposed agreement actually means — speak with us before you commit to anything. We will give you an expert, honest view of where you stand and what your options are.

Request a Consultation

Or call us directly 403.283.8018