Lafarge Canada Class Action Lawsuit

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

This proposed class action is brought against Lafarge Canada Inc. for their purported underpayment 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, termination pay in lieu of notice and severance pay as required by the applicable provincial Employment Standards legislation and case law precedent, given the companies' alleged over-reliance upon foreign payroll systems and software to the employees' financial detriment.

Summary

The Alberta Employment Standards Code, as with other provincial employment standards legislation, sets forth a specific methodology for the calculation of an employee's overtime pay, general holiday pay, general holiday pay when working, vacation pay on termination of employment and termination pay in lieu of notice, and in turn also provides the basis for the calculation of severance pay. Each province's provincial employment standards legislations set forth a very precise and distinctive methodology as to payroll 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 Lafarge Canada for upwards of two decades who were unwittingly underpaid overtime pay, general holiday pay, general holiday pay when working, vacation pay on termination of employment, termination pay in lieu of notice and/or severance pay.

The claim alleges, among other things, that Lafarge Canada underpaid their former and current employees overtime pay, general holiday pay, general holiday pay when working, vacation pay on termination of employment, termination pay in lieu of notice and severance pay, and may well have had knowledge as to those underpayments and nevertheless chose to continue this practice in contravention of the applicable provincial employment employment standards legislation and case law precedent.

Among other relief, the action seeks the payment of all alleged underpayments of former and current employees of Lafarge Canada, including money statutorily held in trust by Lafarge Canada for their employees and is subject to statutory priority, together with accrued interest and associated damages. It also seeks punitive, aggravated and exemplary damages against for the alleged failure to pay their former and current employees in accordance with the applicable provincial employment standards legislation and relevant case law.

Are You a Former or Current Employee of Lafarge Canada?

If you are a former or current employee of Lafarge Canada, 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 your former employer 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 your former employer’s standard form of release was signed. Even if its simply to provide us 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 Lafarge Canada, 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.