Clark Builders Group Class Action Lawsuit

Neufeld Legal PC: Chris@NeufeldLegal.com - 403-400-4092

This proposed class action is brought against Clark Builders Group and the partnership's constituent Alberta corporations (including Frontier Employees Inc. and Canadian Borealis Construction Inc.), for their purported underpayment / non-payment of former and current employees with respect to overtime pay, vacation pay, general holiday pay, general holiday pay when working, vacation pay on termination of employment and severance pay as required by the Alberta Employment Standards Code and case law precedent, given the company's alleged over-reliance upon foreign payroll systems and software to the employees' financial detriment; as well as terminating employees due to the onset and disclosure of health conditions that required treatment, yet did not impact their job performance; and the improper management and structuring of Clark Builders' Employee Share Ownership Program.

Summary

The Alberta Employment Standards Code sets forth a specific methodology for the calculation of an employee's overtime pay, general holiday pay, general holiday pay when working and vacation pay on termination of employment , and in turn also provides the basis for the calculation of severance pay (given that the Regulation may statutorily exempt construction workers from termination notice / termination pay in lieu of notice [as they are statutory minimums], it does not automatically deny severance pay to construction workers where those employees satisfy the common law tests for severance pay). The Alberta Employment Standards Code is very precise as to the specifics of these calculations and does not permit employers to exclude items that are prescribed for inclusion in each of these calculations. This insures that employees are paid what they are legally entitled to, and especially when they have been terminated, that their employer must make complete payment of statutory amounts and utilize accurate numbers for the calculation of common law amounts.

This proposed class action is brought on behalf of all former and current employees of Clark Builders Group (including Frontier Employees and Canadian Borealis Construction) who were employed in Alberta over the last two decades who were unwittingly underpaid (or even not paid) overtime pay, general holiday pay, general holiday pay when working, vacation pay on termination of employment and/or severance pay; as well as terminating employees due to the onset and disclosure of health conditions that require treatment, yet do not impact their job performance; and the improper management and structuring of Clark Builders' Employee Share Ownership Program.

The claim alleges, among other things, that Clark Builders underpaid its former and current employees overtime pay, general holiday pay, general holiday pay when working, vacation pay on termination of employment and severance pay, and may well have had knowledge as to those underpayments and nevertheless chose to continue this practice in contravention of the Alberta Employment Standards Code and case law precedent; in addition to terminating employees due to the onset and disclosure of health conditions that required treatment, yet did not impact their job performance; and the improper management and structuring of Clark Builders' Employee Share Ownership Program.

Among other relief, the action seeks the payment of all alleged underpayments of former and current Clark Builders employees, including money statutorily held in trust by Clark Builders for its employees and is subject to statutory priority, together with accrued interest and associated damages. It also seeks punitive, aggravated and exemplary damages against Clark Builders for the alleged failure to pay its former and current employees in accordance with the Alberta Employment Standards Code, the Alberta Human Rights Act, the Alberta Business Corporations Act and applicable case law.

Are You a Former or Current Employee of Clark Builders Group?

If you are a former or current employee of Clark Builders, we would like to hear from you. As a former employee, you may believe that you are constrained by a release that was signed with Clark Builders following your termination, however statutory and legal exceptions appear available for most former employees that would allow them to participate in this class action even though Clark Builders’ standard form of release was signed. Even if its simply to provide ourselves with your updated contact information in the event that we are successful with this legal action such that you might receive what you are legally entitled to, providing us with your contact information and staying informed is to your exclusive benefit.

As a current employee, you are protected from employer retribution when it comes to pursuing your statutory and legal entitlements as an employee. Nonetheless, you may simply wish to stay apprised of this action and eventually collect on any payout that is due to yourself. It is also possible that you will be given the opportunity to ‘opt out’ of this action, meaning that you could actively choose to refuse to receive that money that is allegedly owed to yourself by statute and law (and in our professional estimation is rightfully owed to yourself), such that we asked that you first consider what is set out in the Opt-Out Notice that must be approved by the Court and it is our intention to have included explicit language as to every current employee's statutory and legal entitlement to these underpayments should they be awarded and clear protections be provided against any potential retribution or other concerns of current employees in taking money that they were statutorily and legally entitled to.

If you are a current or past employee of Clark Builders Group, there is a very high likelihood that you were personally impacted by their payroll practices to your financial detriment and would be appropriate for inclusion in our class action lawsuit. To learn more and/or register on our confidential construction employee database, contact our law firm in strict confidence at either telephone number 403-400-4092 or by email at Chris@NeufeldLegal.com.

IMPORTANT NOTE: This website is designed for general informational purposes. The site is not designed to answer specific questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as substitute for individual legal advice. If you want specific legal advice, you need to engage a lawyer under established legal engagement procedures that have been specifically agreed to by that lawyer.

The information collected about potential class members will assist counsel in prosecuting the class action and assessing what damages were suffered by the class as a whole, as well as potentially identifying other legal aspects / claims that were not previously considered. Providing the information requested does not make you the client of Neufeld Legal PC. The court will ultimately decide who will be included as a class member.