Whether you’re an employee who’s been fired or an employer letting someone go, having our Edmonton lawyers review severance packages is important. Under Alberta employment law, the courts have decided that, in some cases, the minimum amount required by law is not enough. The courts sometimes rule that employees facing termination without cause should receive more pay and benefits. The severance packages, or pay in lieu, terminated employees receive are designed to reduce their economic hardship and give them the chance to find new jobs. Before signing a severance package, you should always have a lawyer review the terms.
If you’re an employer, you may face a lawsuit if you’re underpaying when you let someone go. We encourage you to retain an employment lawyer to review the termination package before you offer it. Also, because employment contracts impact severance amounts, it’s critical to have a lawyer draft them properly, if you’re the employer, or review them, if you’re the employee considering signing one. Our experienced employment lawyers at Kahane Law Office are ready to review your contracts and severance packages. Call our Edmonton, Alberta office today at 780-571-8463 to arrange an appointment.
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.
People often ask us how much severance pay they’re entitled to in Alberta, but it’s a complicated answer. There are many factors that come into play when calculating the severance pay an employee or former employee should receive from their employer. And there are several aspects that make up the total amount that a person should receive as severance pay.
Am I Entitled To Severance Pay?
When our Edmonton lawyers review severance packages, we require certain information. For example, we include below some of the questions we ask and consider to determine if you’re entitled to severance pay:
How long did you work for the employer?
What type of work did you perform?
Your official workplace title?
What type of responsibilities did you have (were you a manager or employee)?
The nature of the industry the company is in?
How old are you?
What is the employment market like for your position? and lastly
Was your termination for cause or without cause?
How Severance Pay Calculation Works In Alberta
At Kahane Law, our skilled employment lawyers often consider more than 100 factors when determining fair severance pay. We stay abreast of the many employment-related judicial decisions in Alberta, and across Canada, affecting employees’ entitlements when they lose their jobs. Given the high stakes, it’s critical to hire an experienced employment lawyer to review your unique situation.
Please remember: contracts can affect employee rights. Courts will often strike down contract provisions that reduce an employee’s right to reasonable notice if (a) it was signed under duress, (b) the employer imposes it and proper consideration is not given, (c) it is drafted illegally, (d) it is not clear or it is vague, and (e) the contract is grossly unfair.
Watch These Videos: Severance Package Reviews and Termination
Check out the following two videos to learn more about how our Edmonton lawyers review severance packages:
How Our Edmonton Lawyers Review Severance Packages
Our lawyers are happy to work with you over phone, email and video consultations to review your severance package. As for price, we complete reviews for a flat rate, so you can ask as many questions as you need to about your rights – without incurring a high legal bill. From there, if we suggest negotiating with your employer for more money, we’ll represent you and provide that service on a contingency basis. What that means: you’ll pay us no extra fees unless we successfully secure more severance pay from your employer. In that case, you’ll only pay us the contingency fee on any gross increase we negotiate for you.
Know Your Rights Before Signing A Termination Pay Release or Severance Package
You should never sign a release or severance package until you have a lawyer review it. As soon as you sign the release, you lose the ability to go to the courts for what you otherwise could have received; this is why many employers push employees to sign quickly and set short dates. They may even push you to sign your paperwork immediately. Don’t do that. Call Kahane Law today to protect yourself and make sure you get what you deserve.
Our Edmonton Lawyers Review Severance Packages For YOU!
Whether you’re an employer who’s about to give a severance package or an employee who just received one, hire a Kahane Law employment lawyer to review, assess and let you know if the offer is fair. We offer these services for a flat fee. If we think you deserve more severance pay, and you want us to negotiate for an increased amount, we provide the service on a contingency basis – meaning you’ll only pay more in fees if we secure you more severance pay.
Get the right advice today. You can call us directly in Edmonton, Alberta at (780) 571-8463 or send us an email. We look forward to helping you.