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 are terminated without cause, should 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 can get sued so they should have a 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 he or she has been terminated without cause. The amounts are legislated under the Employment Standards Code in Alberta. Since this is a law in Alberta, the minimum legal amount must be paid. However, at times an employee may be entitled to 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 some employees are entitled to under common law or under contract if applicable. The common law is a series of judgments decided by courts, in Alberta and other provinces, in previous cases. Courts typically follow previous court decisions unless a superior court (such as an appeal court) overturns that decision.
Is An Employee Entitled 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)
- 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 has gone to trial in Alberta, and at times across Canada, may shed specific judicial decisions that affect what you are entitled to. 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. Any contract that reduces an employee’s right to reasonable notice may not be allowed by a court if (a) it was signed under duress (b) it is imposed and there is no proper consideration (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 are often asked ” how much severance pay am I entitled to in Alberta”? This is not always an easy answer. There are many factors that come into play when determining the amount of severence pay someone is entitled to. 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 will no longer be able to go to the court for what you may have otherwise been entitled to. Many employers push employees to sign quickly and set short dates. Call today. While “just a signature” this mistake is not easily undone, if at all.
Learn More: Severance Packages & Termination Videos
Have a 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 will review your severance package to determine if the offer is fair on a flat rate basis. If we determine you have a case for increased severance and if an employee wishes us to negotiate for an increased amount, we can do so on a contingency basis. This means that you do not pay any more than the flat rate fee, unless we can get you more and you only pay us on any gross increase we negotiate for you. In Calgary, Alberta call 403-225-8810 or email today to contact us.