Severance Package Reviews
Getting What You Deserve If Fired From Your Job
Under Alberta employment laws, the courts, over many years of cases, determined that sometimes the minimum statutory amount to be paid to someone who was fired, 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. Each situation is highly impacted by the specific circumstances involved. Legal reviews of your detailed situation are very important. Employers face potential lawsuits if underpaying on severance packages. Therefore, they should retain an employment lawyer to 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. With lawyers in both Calgary and Edmonton, call Alberta based Kahane Law for a review when you need it. 403-225-8810 in Calgary.
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. It is a strictly applied law. However, at times, an employee may receive more than the minimum amount required under the law. Severance package review lawyers look at your situation for factors that increase the amount you deserve from your employer. 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 and, more importantly, speak to a employment lawyer, before you sign a release.
What Is Severance Pay In Alberta?
While often used as a synonym to termination pay, severance pay has a specific different meaning. Severance pay is an additional amount to which the law allows for some employees under the common law or under contract if applicable. Common law means the cases law handed down by judges over years. It forms part of the law in most Canadian Provinces including Alberta. 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. Overturns means that the superior court rules that the lower court was incorrect in its determination.
Determining Employee Entitlement To Severance Pay?
As previously stated, several factors come into play in determining how much is appropriate to pay a terminated employee. Please note that these are simply examples. May other factors may increase or decrease the amount owed. This is why a review completed by an employment lawyer is critical. Some factors come into play in almost all situations. For example, these include:
- Was termination for cause or without cause;
- How long has the employee worked for the employer;
- The employee’s age;
- Employee treatment while working at their position;
- The industry involved;
- The type of work;
- Any changes forced on an employee;
- 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 many factors when determining severance pay. There are over 100 factors that can determine fair severance pay. They also look for unusual situational factors that impact what an employer may owe an employee. Our Edmonton and Calgary based lawyers know the law with respect to severance packages. 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 greatly affect employee rights. Your employment contract may limit the amount your receive and will be key for a lawyer review. (This is why we encourage receives of employment contracts prior to you signing them.) That said, courts often strike down the provisions of any contract that reduces an employee’s right to reasonable notice if (a) 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 lastly (e) the contract is grossly unfair. They also strike down clauses that go against the law and public policy.
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. There is no single correct answer. No online calculation table works in all situations. 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. This is simply not true. If the amount is a fair one, the employer will generally allow that amount after a deadline. 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. Protect yourself, your family and your rights under Alberta employment law.
Severance Package Help Across Alberta From Edmonton And Calgary Lawyers
Through the use of phone, email and video consultations, our lawyers, from both Calgary and Edmonton, assist clients with severance package reviews. We complete reviews on a flat rate basis. This allows you to ask the questions you have about what rights you have, without fear of a high legal bill. Further, if we represent you to negotiate more money from your employer, we provide that service of a contingency basis. This means that you pay no extra fees unless we collect more for you.
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. Do not delay your call or email to our employment law team. 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, call 403-225-8810 or email today to contact us.