Neufeld Legal P.C.

Constructive dismissal, a challenging employment law concept for any impacted employee, and even more difficult to determine how to proceed when the conditions for construction dismissal arise in one's job. For even though the facts and the law might coincidence, so as to indicate that one's employer has constructively dismissed their employee, what exactly can that employee do in response without jeopardizing their financial security and that of their family. It is a work situation that demands appropriate thought and consideration, including consultation with knowledgeable professionals as to potential courses of action and employment strategies, so as identify the appropriate approach to one's unique employment situation.

What is Constructive Dismissal Constructive Dismissal arises where an employer has not directly fired an employee, but instead (i) has failed to comply with the employment contract in a ma...

Is Calgary Mayor Jyoti Gondek going to properly investigate (with a transparent, accountable and time-sensitive process) or effectively bury the Calgary water main disaster’s root causes and possible political connections? It is important that we ask more substantive questions and demand that our politicians provide real transparency and disclosure, such that truly important information is put before the public, such that they might analyze it for themselves . We can be constrained by outdated systems that have enabled politicians in the past to effectively cover-up the truth, but instead need to press for politicians going forward to make better efforts to get the information before the public in a timely and proper manner.

Is Calgary Mayor Gondek going to Investigate or Bury the Calgary Water Main Disaster’s Root Causes With Calgary residents set to endure weeks, if not months, of water restrictions due to ever more damage being discovered in one of the city’s main water mai...

The more that you understand about Wills and their significance to correctly determining how the assets that form your estate are dealt with on your death, the better that your last will & testament and other estate planning documents will be drafted and reflect your true intentions. It is with that in mind that we hope our videos focusing on wills, estate planning and probate are of benefit to anyone exploring these legal aspects, whether its for your own plans or when dealing with loved ones who have departed.

What is a Will [Last Will & Testament] A will is a written document directing the disposition of a person’s assets after their death, drafted in conformity with the laws of the jurisdiction that h...

Canadian businesses need to heed the impending May 31st deadline for reporting their actions to prevent and curtail forced labour and child labour in their supply chain (anti-slavery report).

May 31 Deadline for Filing Business’ Report on Forced Labour & Child Labour in Canadian Supply Chain If your Canadian business meets the following criteria, it is legally obligated to file by May 31, 2024, a report on its actions with respect to Forced Labou...

Walmart's recent employee announcement about relocating corporate employees from 3 key hubs, including its Toronto, Ontario location, poses serious challenges and considerations for impacted employees as to relocating or being permanently laid off.

Walmart Layoffs, Relocations and Employee Action What is the employee impact arising from Walmart's relocation and layoff initiative and what actions should employees consider? Even if you've acted, there m...

The FTC is attempting to eliminate non-competes in the employment context throughout the USA. Will it be successful? Or will court litigation derail this effort to end to non-competition agreements for employees & independent contractors?

Is this the End of Non-Competes in the USA We recently saw the United States Federal Trade Commission vote to institute a new rule as to the interpretation of section 5 of the Federal Trade Commission...

The federal government's move to increase the inclusion rate for purposes of calculating capital gains at first appeared like a serious tax grab, however, its impact would not appear to be as extensive as it would initially appear once you begin to actually calculate the numbers and the offsets, in particular the lifetime capital gains exemption and personal residence sales, as well as the income Canadian Entrepreneurs' Incentive, such that its focus would appear to set on truly high net earners and larger corporations, with the impact serving to offset the advantages that those taxpayers gain in tax planning, including their use of capital gains to reduce their effective tax rate.

TAX ALERT: Capital Gains Tax Changes 2024 [major inclusion rate increase] ** What you need to know about the capital gains tax increase to inclusion rates from http://www.LawTax.ca **The Canadian federal government has indicated in...

Chrystia Freeland's 2024 Canadian federal budget is out and the debate has begun as to Trudeau's decision to increase the inclusion rates for purposes of capital gains tax and what its impact will be on Canadian business, especially from the perspective of foreign investment into the country. Let the debate begin.

TAX ALERT: Capital Gains Tax Changes 2024 [major inclusion rate increase] ** What you need to know about the capital gains tax increase to inclusion rates from http://www.LawTax.ca **The Canadian federal government has indicated in...

Hotel Employee Payroll Class Action Lawsuits: Current hotel employees need to fully understand their payroll situation, given that when they've earned money, they should be fully paid according to the law. At the same time, those hotel employees need to take appropriate steps to protect their current employment, given legitimate concerns that they might have about retribution for correcting significant payroll problems, which can be extremely costly for their employer. https://youtu.be/Y7TQPGYdBEc

Hotel Employee Payroll Class Action Lawsuits: Current Hotel Employees Providing perspective as to hotel employee payroll legal discrepancies and our related class action lawsuits, with a particular focus upon current hotel empl...

Hotel Employee Payroll Class Action Lawsuits: Past Hotel Employees - Providing perspective as to hotel employee payroll legal discrepancies and our related class action lawsuits, with a particular focus upon past/former employees who have been fired, terminated or quit their hotel employment. https://youtu.be/xNberw1BRwU

Hotel Employee Payroll Class Action Lawsuits: Past Hotel Employees Providing perspective as to hotel employee payroll legal discrepancies and our related class action lawsuits, with a particular focus upon past/former employ...

In Plain Sight: Alberta Collective Agreements and their Adverse Impact on Unionized Employees
In Plain Sight is a legal commentary series that aims to tackle serious legal issues that are discernable on their face, yet for various reasons have gone largely undetected and as such are adversely impacting the people whom they should be benefiting. In this initial installment, we look at the problem faced by Alberta union employees, whose collective bargaining agreements as negotiated by their union with their employer, is publicly available online, yet there are apparently some very significant failures to comply with the Alberta Employment Standards Code, which not only effects pay statement reporting, but also payroll calculations, which in turn appears to be leading to those union employees being underpaid in many facets of their employment, even though that is fully earned money that they are legally entitled to.
https://youtu.be/_SCtbqQ5V_E

In Plain Sight: Alberta Collective Agreements and their Adverse Impact on Unionized Employees In Plain Sight is a legal commentary series that aims to tackle serious legal issues that are discernable on their face, yet for various reasons have gone la...

Construction Employee Exemption: Not So Fast when Fired / Terminated!

Its important to understand the limitations of the construction employee exemption when it comes being fired or terminated and thereupon being denied termination and/or severance pay. For the fact remains that section 5(1) of the Alberta Employment Standards Regulations is very limited as to the individuals that it applies to, and even those individuals to whom it applies are only being denied statutory termination notice / statutory termination pay in lieu of notice, but are not necessarily denied common law severance for wrongful dismissal as was addressed by Justice M. David Gates in Cunningham v. Hillview Homes Ltd., 2015 ABQB 304. https://youtu.be/4ChXuUC67Bc

Construction Employee Exemption: Not So Fast when Fired / Terminated! Its important to understand the limitations of the construction employee exemption when it comes being fired or terminated and thereupon being denied termina...

Don't Forget About Payroll. All too often employees that are fired / terminated from their job (as well as those who have quit) don't look beyond termination pay in lieu of notice and severance pay, thereby failing to address past payroll and the considerable earnings that may have gone unpaid. Especially in Canada, where payroll is all too often improperly reported and calculate, employees need a payroll lawyer to properly scrutinize their legal situation upon their employment departure, otherwise they stand to permanently lose out on considerable earnings that they are legally entitled to. https://youtu.be/3axXjFOrzdc

Don't Forget About Payroll [more than termination and severance pay] All too often employees that are fired / terminated from their job (as well as those who have quit) don't look beyond termination pay in lieu of notice and s...

Salaried employees should scrutinize this past pay arrangement when they are fired, terminated, lose or leave their job, as the complexities of payroll law make underpayments all too common an occurrence.
When you are fired, terminated or otherwise leave your salaried job, you really need to ask yourself whether or not you were fully paid, given that far too many Canadian employees on salary appear to have been underpaid for years due to a lack of strict compliance with the governing payroll laws. For given the complexities of the various provincial and federal employment standards legislation and the mathematical computations required therefrom, it would appear that far too many salaried employees are not receiving all the pay that they have fully earned and are legally entitled to.
https://youtu.be/BvOSxtfEIrw

On Salary, were you Fully Paid? [employee termination tips] When you are fired, terminated or otherwise leave your salaried job, you really need to ask yourself whether or not you were fully paid, given that far too m...

When you're fired, laid off or otherwise terminated from your job and are provided with a termination and severance pay package, it is important to not only understand what is included in your former employer's paperwork, but also what is missing. Because what is missing from the termination and severance package can be particularly significant, especially when you are due back pay from your former boss as a result of your having legally earned money that was unpaid for a variety of all too common reasons. https://youtu.be/h2PQWzi5kAg

What's Missing from your Severance Pay Package [employee termination tips] When you're fired, laid off or otherwise terminated from your job and are provided with a termination and severance pay package, it is important to not only ...

We're currently undertaking research into federal employee payroll & the possibility of employee underpayments, such that we're looking for former federal employees who might be interested in participating in our research project (which goes beyond Phoenix pay system).

Why is it next to impossible to find an expert or lawyer specializing in employee payroll? People might do payroll, but it real seems like there isn't a leading expert in the field. Let me know if there is. https://youtu.be/eAhbHp9OCAs

10 Reasons Employee Payroll can result in Underpayments There are some very serious problems arising and persisting with employee payroll that has the potential to create significant underpayments to employees, in...

Vacation pay is earned through your hard work and in accordance with contractual terms and employment standards legislation, so you really need to make sure that you're fully paid, especially when your employment ends. https://youtu.be/J2mrL08KeNw

8 Vacation Pay Misconceptions [employee termination tips] We look at eight misconceptions associated with employee vacation pay and vacation time, which so heavily impacted by the jurisdiction within which the emplo...

Some useful suggestions to consider prior to quitting your current job, given that once an employee resigns from their employment they lose whatever strategic advantage they might have possessed. Tips of an employment lawyer. https://youtu.be/JbRCh1jDIf8

10 Tips Before You Quit Your Job [from an employment lawyer] Before you quit your current job and tell your boss that you are leaving, you really should take the time to consider these suggestions, as well as looking a...