Have You Received Unfair Severance
From Your Employer In Alberta?
Has your employer dismissed you without sufficient notice of termination, or without ‘just cause’? You may be entitled to fair severance pay under the Alberta Labour Laws. If you have been with your employer beyond the point of your 3-month probationary period, you have the right to severance if released from work without ‘just cause’.
Calculating Your Severance Pay In Alberta
If eligible for severance pay, this amount is dependant on a series of factors:
- Reason for termination
- Duration of time with the employer
- Status of current employment insurance coverage
- Your age
- Your industry, nature of work, and responsibility
- The duration you expect or may be unemployed
- The circumstances in which you were dismissed
It is the ideal expectation that employers weigh these factors into a fair severance package that is happily agreed upon by the employee. However, this is not the common reality as managers and ownership will often bias their calculations toward saving company costs. This can lead to unfair or forced severance. In these situations it is prudent that the employee seek the advice and counsel of the top employment lawyers in Edmonton or Calgary. The best employment lawyers in Alberta can assess the circumstance and order of events that led to a dismissal and severance agreement, ultimately determining whether you have received forced severance or unfair severance in Alberta.
Are Severance Agreements In Alberta Binding?
It is not uncommon that an employer will negotiate a severance agreement with an employee and, in some cases, it may contain a ‘release’ clause that relieves the employer of any future obligations or responsibilities to the employee once the severance package has been executed. However, it is possible for former employees to dispute such release clauses, as they may have signed the agreement under duress, or were wrongfully dismissed under other factors.
What Is Fair Severance In Alberta?
The main three main factors any top employment lawyer in Edmonton will examine are:
- How much is fair severance for your work and industry?
- Do you have comparative examples?
- How many years were you with your employer?
- Was there a bonus, profit sharing, or commission structure you are leaving?
- What was the pay scale and benefits you were offered?
- What is the likelihood of finding new employment?
Very few employees are entitled to only the minimum provided under legislation. Often, a top employment lawyer can work on your behalf to bring you thousands more than you were originally offered. If you are questioning the severance you have been offered, you should seek counsel and advice.
Contact An Edmonton Employment Lawyer Today
Edmonton Employment Lawyer
Lypkie Henderson – Edmonton Employment Lawyers
A lifelong Edmontonian, Tyler was born and raised in South West Edmonton and attended Strathcona High School before going on to the University of Alberta to study Mechanical Engineering. He then headed east to the University of Saskatchewan. In Saskatoon – which he often refers to as a “small Edmonton” – Tyler served as an editor of the Saskatchewan Law Review and participated in the school’s Securities Law moot team.