Severance Package Reviews
Getting What You Deserve If Fired
Under Alberta employment law, the courts have decided that sometimes the minimum amount required by law is not enough. The courts sometimes rule that employees, who face termination without cause, receive more pay and benefits. This common law notice period or pay in lieu is to give an employee a chance to find a new job, when terminated, to reduce their economic hardships. Reviews are important. Employers face a lawsuit if underpaying, so they should retain an employment lawyer review the termination package prior to offering it. Employees may face hardships, so it is very important to have a full severance package review done before accepting a severance package. Also, because employment contracts can affect severance amounts, it is key to have them drafted or reviewed properly before offering or accepting one. Call Calgary, Alberta based Kahane Law for a review when you need it 403-225-8810.
What Is Termination Pay In Alberta?
Termination pay is the minimum amount of notice or pay in lieu of notice that an employer must pay an employee when terminating that employee without cause. The amounts are legislated under the Employment Standards Code in Alberta. Since the law creates these rules in Alberta, the minimum legal amount must be paid. However, at times an employee may receive more than the minimum amount required under the law. Our video tells more about how the common law can increase the “in lieu of time” severance pay you should be awarded works. Finish reading about severance package reviews and watch the video before you sign a release.
What Is Severance Pay In Alberta?
Severance pay is an additional amount to which the law allows for some employees under the common law or under contract if applicable. The definition of common law means that a series of judgments decided by courts, in Alberta and other provinces, in previous cases, set the law. Courts typically follow previous court decisions unless a superior court (such as an appeal court) overturns that decision.
Employee Entitlement To Severance Pay?
- Was termination for cause or without cause;
- How long has the employee worked for the employer;
- The employee’s age;
- The industry involved;
- The type of work;
- The employee’s work title;
- The employee’s responsibility (manager vs employee); and lastly
- The employment market.
Calculating Your Severance Pay In Alberta
The top employment lawyers look at several factors when determining severance pay. There are over 100 factors that can determine fair severance pay. Our Calgary based lawyers know the law. Each case that goes to trial in Alberta, and at times across Canada, create specific judicial decisions that affect entitlements for employees when terminated. Given what is at stake, it is important to have an experienced employment lawyer review your specific situation.
It is important to remember that contracts can affect employee rights. Courts often strike down the provisions of any contract that reduces an employee’s right to reasonable notice if (a) it was signed under duress (b) the employer imposes it and no proper consideration given (c) it is drafted illegally (d) it is not clear or it is vague, and (e) the contract is grossly unfair.
How Much Severance Pay Am I Entitled To In Alberta?
We frequently hear the question asking how much severance pay a person is entitled to in Alberta? Answering this question often offers many challenges. Many factors come into play when determining the amount of severance pay an employee or former employee should receive from their employer. There are also several aspects that make up the the total amount that a person gets as severance pay.
Do NOT Sign A Severance Package/ Termination Pay Release Until You Know Your Rights!
It is very important to not sign any release until you have have your severance package reviewed. Once you sign that release, you no longer have the ability to go to the courts for what you otherwise could have received. Many employers push employees to sign quickly and set short dates. They project an importance for an immediate signature on paperwork. Call us today to protect yourself. While “just a signature”, you face a big challenge undoing this signature. Often no ability exists to change things after an employee signs the release.
Learn More: Severance Packages & Termination Videos
Have An Employment Lawyer Review Your Severance Package Or Just Cause Termination
This applies for employers about to present a severance package and an employee who just received one. Our severance package review lawyers review your severance package to determine if the offer is fair. We offer these services on a flat rate basis. If we determine a case for increased severance exists, and if an employee wishes us to negotiate for an increased amount, we do so on a contingency basis. This means that you only pay more than the flat rate fee, if we secure more pay for you. You only pay us the contingency on any gross increase we negotiate for you. Get proper advice today. In Calgary, Alberta call 403-225-8810 or email today to contact us.