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Trusted Counsel
for Employment Law
and Estate Litigation

Practical Solutions, Proven Advice.

Tomm Law delivers value to clients in downtown Calgary, focusing on employment law and civil litigation. Get advice you can depend on and solutions you need.

Services

Employment Law.

This is our focus. We advise and represent both employers and employees in all aspects of employment law. Our services include:

  • Wrongful Dismissal litigation (with- or without-cause terminations)

  • Employees who are dismissed without notice are often entitled to financial compensation. This is called pay in lieu of notice, or severance. If you have been wrongfully dismissed, you should consult with a lawyer. We can help you figure out what you are entitled to and how to get it. If you are an employer, we can help you navigate without-notice terminations to protect your interests, manage risks and keep your workplace running smoothly.

  • Severance package reviews

  • When employees are dismissed, they are often offered a “severance package.” Whether to accept or reject the offer can be a high consequence decision. We help employees and employers in Calgary figure out what severance is fair and how to protect their interests.

  • Constructive Dismissals

  • A constructive dismissal can occur when the employer unilaterally changes a fundamental term of an employment agreement. That may permit the employee to quit and ask a court to interpret their resignation as a wrongful dismissal. Constructive dismissals can be tricky. Employees and employers in Calgary should consult a lawyer when these issues arise.

  • Employment contract drafting

  • Employment agreements set the key terms of the relationship between worker and company. Once an agreement is reached, it’s difficult to change. It’s important to get it right, from the start. We draft and review employment contracts so our clients can move forward with the certainty of clear and enforceable agreements protecting their interests.

  • Workplace policy drafting

  • Employment policies are crucial to managing the workplace. But if policies are not compliant with the law, they could be unenforceable when needed most. An ounce of prevention is better than a pound of cure – get your policies reviewed or drafted to meet your unique needs and you will be solving problems before they even arise.

  • Restrictive covenant reviews (non-competition, non-solicitation, confidentiality and intellectual property clauses)

  • Many companies have important business interests to protect when employees leave, including referral networks, client contact information, intellectual property and trade secrets. Restrictive covenants help employers maintain control over those assets when key employees are transitioned out. On the flipside, restrictive covenants can seriously hinder a worker’s ability to maintain a livelihood. We assist employees and employers in Calgary to assess the enforceability of restrictive covenants and their options when problems arise.

  • Human rights complaints

  • The Alberta Human Rights Act prohibits discrimination on grounds of disability, ethnicity, religion, gender, age, and sexual orientation (among others). If an employee has experienced adverse treatment on a prohibited ground, it could give rise to a human rights complaint. We help employees and employers in Calgary navigate the human rights process.

  • Independent legal advice

  • It is often wise to check in with a lawyer before making an important decision that affects your rights. Whether you’re thinking of accepting a new job, leaving your job, or if you’re facing discipline, suspension or a possible wrongful dismissal, Matthew Tomm Law can be your go-to employment lawyer in Calgary.

  • And much more …

  • Difficult legal questions arise in a whole variety of workplace contexts. We help employees and employers navigate workplace investigations, bullying and harassment complaints, fixed term contracts, contractor agreements, bonus and variable compensation schemes, change of control clauses, and much more. Contact us if you need an employment lawyer in Calgary.

Estate Litigation.

We can assist clients dealing with the various issues that arise in the administration of a contentious estate matter. We act for personal representatives (executors), beneficiaries, and third parties.

About

Practical, Experienced Counsel.

Profile picture of Matthew Tomm

Matthew Tomm – BA / MA / JD

(403) 264-4955

Knowledge and experience are the foundation.

I have been practicing law since 2014, focusing on employment law and general civil litigation. My experience working as a judicial law clerk (articling position) for the BC Superior Court gave me a perspective on the court system that is closed to most lawyers. I maintained a practice in Calgary at a downtown litigation boutique before starting Matthew Tomm Law. I have broad experience representing clients in Alberta in the Queen’s Bench and Provincial court, as well as through alternative dispute resolution processes.

Active learning keeps me ahead of the curve.

My background as a legal researcher continues to drive my education as a lawyer forward. And when I don’t have the answers on hand, I have access to a strong network of people and resources to get the job done right. My articles have been published in peer-reviewed academic journals.

Honesty and clear communication are key.

I don’t offer salesmanship; my clients get the straight goods. No matter what the situation, I strive to tell clients what they need to know and help find the right way forward.

Credentials.

Education

  1. University of Victoria (JD 2012—Law)

  2. Queen’s University (MA 2009—Philosophy)

  3. University of Victoria (BA 2007—Philosophy)

Professional Memberships

  1. Law Society of Alberta (2015–present)

  2. Law Soceity of British Columbia (2014–2015)

Publications

  1. A Mixed Approach to Mitigation for Fixed-Term Employees” (Jul 1, 2020) Canadian Employment Law Today (HAB Press Limited, a subsidiary of Key Media) — original available here
  2. Why Mitigate When You Could Work on Your Sailboat?Labour Notes (LexisNexis Canada) No. 1645 (June 26, 2020)

  3. New Uncertainty for Employment Contract Amendments” (Apr 22, 2020) Canadian Employment Law Today (HAB Press Limited, a subsidiary of Key Media) — original available here
  4. Calculating Wrongful Dismissal Damages After Mitigation at Higher Pay” (Feb 28, 2020) Labour Notes No. 1637 (LexisNexis Canada)
  5. Saving Clause to the Rescue?” (Feb 25, 2020) Canadian Employment Law Today (HAB Press Limited, a subsidiary of Key Media) — original available here
  6. Bonus Policies and Wrongful Dismissal Damages” (Sep 25, 2019) Canadian Employment Law Today (HAB Press Limited, a subsidiary of Key Media) — original available here
  7. The Issue of ‘Issue’: Construction of Wills When Parentage is Contested,” (Spring 2017) Issue 123 The Barrister Magazine (published by the Alberta Civil Trial Lawyers Association)

  8. Changing (or Litigating) Workplace Policy: The Requirement of Consideration” (Summer 2016) Issue 120 The Barrister Magazine (published by the Alberta Civil Trial Lawyers Association)

  9. Public Reason and the Disempowerment of Aboriginal People in Canada,” Canadian Journal of Law and Society / Revue Canadienne Droit et Société 28, no. 3 (2013): 293-314. (Awarded honourable mention in the 2014 Canadian Law & Society article contest.)

  10. Cultural Legitimacy and Human Rights in Bangladesh: Strategies for Effective Advocacy,” Muslim World Journal of Human Rights 8, no. 1 (2011): 1-36 (online)

  11. “The Other’s Decision in Me: an Account of Political Judgement within a Levinasian Framework,” a paper presented at the conference of the North American Levinas Society at the University of Toronto (June 28 – 30, 2009)

Contact Us

Meet Matthew at the Calgary office or remotely.

Conveniently located in downtown Calgary. Easily walkable from the LRT. Street-side and paid parking available.

  • Suite 300, 840 - 6 Ave SW
    Calgary, Alberta, T2P 3E5
  • (403) 264-4955
Tomm Law
Court Center
Calgary Tower
Prince's Island 6 Ave

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