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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99930
Experience:  Lawyer
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Im from Alberta. My husband left a job in mid May of 2013

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I'm from Alberta. My husband left a job in mid May of 2013 after 22 years of service. He was always employed under 5 year contracts. A new contract beginning Jan 1/13 was just ratified and current employees recently received retroactive pay. Since he worked during the period of this contract is he eligible for retroactive pay under this new contract even though he doesn't currently work there?
Thank you
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Was he in a union?

When he left did he sign a release?
Customer: replied 3 years ago.

He was part of an association, and he didn't sign anything when he left.

It's not likely he has the right to have this new contract apply to him retroactively.

But I can't be sure because I cannot read the new contract.

Nor can I know what went on and what promises were made to him as one of the current employees back when he worked before the ratification of the contract.

In other words, had all the employees been told that they would retroactive adjustments then he had earned the money before he left.

So he should see an employment lawyer at once for a face to face consultation so that the lawyer can review all the facts in some detail.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-661-1095 or
403-228-1722 in Calgary

Let me know if you need any further clarification.
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