If your employment has been terminated, understanding your severance package is essential to ensuring that you receive all the compensation you may be entitled to. For employees in Calgary, Alberta, and surrounding areas, our experienced employment lawyers are dedicated to maximizing the value of your severance package and other entitlements upon termination of your employment.
What Is a Severance Package?
A severance package is compensation provided to employees upon termination. It often includes the following.
- Termination pay, severance pay, or pay in lieu of notice: Compensation for the notice period you were entitled to but didn’t receive.
- Benefits continuation: Health, dental, and other benefits extended for a specified time.
- Additional eligible compensation entitlements: Stock options, pensions, or retraining opportunities.
Alberta’s Employment Standards Code provides a terminated employee a maximum notice period of 8 weeks or pay in lieu. This is known as statutory severance. However, under common law, a terminated employee may be entitled to additional notice or pay in lieu of up to a maximum of 24 months, depending on key factors such as length of service, age, position and responsibilities, and the current job market.
Why Consult an Employee Severance Package Lawyer?
Navigating severance negotiations can be challenging, and employers do not always provide a fair or reasonable severance offer. Hiring an employment lawyer ensures your rights are protected. At JSB Employment Law, we exclusively represent employees and are focused on achieving the best outcome for you. Let our employment lawyers evaluate your severance package to ensure that it complies with Alberta’s employment laws and you are not being short-changed. Often the cost of such a review may be covered/reimbursed by your former employer and a tax write-off for you. Not only that but a severance package review could result in the terminated employee recovering substantially greater severance pay.
Below are some common issues with severance packages.
Insufficient Notice or Compensation
Employers sometimes undervalue years of service, overlook the significance of an employee’s role, or fail to consider the challenges of re-entering the job market—particularly for those in specialized or senior positions. These oversights can result in severance offers that fall short of what you’re truly entitled to. Understanding your legal rights is crucial to ensuring you receive adequate notice and compensation.
Unfair Release Clauses
Many severance agreements include clauses that release the employer from future liability. These clauses can significantly impact your rights. We help you understand their implications and negotiate fair terms.
Misclassification of Termination
Employers may claim “just cause” for termination to avoid paying severance. Proving cause requires substantial evidence, and many such claims are unjustified. Our lawyers challenge these misclassifications to secure you appropriate compensation.
Omitted Benefits and Compensation
Severance packages should reflect all entitlements, including lost benefits, bonuses, and other perks. We ensure your package accounts for the full scope of your rights.
How Our Employment Severance Package Lawyers Help
Our experienced lawyers provide a comprehensive approach to ensure you receive the compensation you deserve.
Severance Package Evaluation
We review your severance package to identify gaps or unfair terms, ensuring compliance with legal standards. This review includes assessing whether the offered compensation aligns with your tenure, position, and the unique circumstances of your termination.
Severance Negotiation
If your severance offer is inadequate, we negotiate with your employer for improved terms that reflect your entitlements. Our lawyers use their knowledge to advocate for fair compensation, ensuring that all overlooked factors, such as benefits, bonuses, and additional entitlements, are addressed.
Representation in Severance Disputes
If negotiations fail, we advocate for you through litigation, leveraging our expertise to achieve the best possible resolution. Our team is committed to ensuring your rights are upheld and that you receive the full compensation you deserve.
Contact Our Employment Severance Package Lawyers Today
As Calgary-based lawyers, we have in-depth knowledge of Alberta’s employment laws and local job market conditions. We use this knowledge to provide strategic, effective advice.
Don’t leave your severance package to chance. Our team is here to guide you through every step, ensuring your rights are upheld, and your future is secure.
Call us now at 403-620-5400 or complete our online contact form to schedule a free consultation.