Xtreme Oilfield Technology Ltd. Class Action

Neufeld Legal P.C. can be reached by telephone at 403-400-4092 or email Chris@NeufeldLegal.com

This proposed class action is brought against Xtreme Oilfield Technology Ltd. for its 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, termination pay in lieu of notice 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.

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, 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. 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 Xtreme who were employed in Alberta  over the last 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 Xtreme underpaid (or did not pay) its 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 / non-payments and nevertheless chose to continue this practice in contravention of the Alberta Employment Standards Code and case law precedent.

Among other relief, the action seeks the payment of all alleged underpayments of former and current Xtreme employees, including money statutorily held in trust by Xtreme 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 Xtreme for the alleged failure to pay its former and current employees in accordance with the Alberta Employment Standards Code and applicable case law.

Are You a Former or Current Employee of Xtreme?

If you are a former or current employee of Xtreme, 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 Xtreme 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 Xtreme’s 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.

Xtreme Oilfield Class Action - Statement of Claim

Contact Neufeld Legal P.C. by telephone at 403-400-4092 or email 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, come talk to us or hire another 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. 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.