Without Cause Termination of Employment

What Is Without Cause Termination?

Termination without cause occurs when an employer dismisses an employee without specific reasons for misconduct or performance. Under Alberta law, employers have the right to terminate an employee without cause but must provide proper notice or pay instead of notice.

Below are key aspects of termination without cause.

• The employer does not need to provide a reason for dismissal.
• The termination must comply with the law in that the employer must provide the employee with reasonable notice of dismissal or pay in lieu of notice of dismissal, including providing notice or pay in lieu in accordance with Alberta’s Employment Standards Code, the common law, and/or pursuant to any other valid agreement between the parties regarding an employee's entitlements upon without cause termination of employment.
• Employees are entitled to either working notice or severance pay.

If you have been terminated without cause, having your severance package reviewed by an experienced employment lawyer in Calgary is crucial to ensure it meets legal requirements.

What Severance Pay Are You Entitled To?

Minimum severance pay requirements are outlined in the Employment Standards Code, but employees are often entitled to significantly more under common law. Factors that influence severance pay include:

• Length of service: Employees with longer tenure may be entitled to more compensation.
• Age: Older employees may receive higher severance as they are more likely to face challenges in finding new employment.
• Position and responsibilities: Senior executives and specialized professionals often receive enhanced severance packages.
• Availability of comparable employment: If it is difficult to find a similar job, the severance period may be longer.

Our employment lawyers will assess your circumstances and fight for the compensation you deserve.

Common Issues with Severance Packages

Employers do not always offer fair severance packages, and common issues include the following.

• Low severance offers: Employers may provide only the statutory minimum rather than what you are entitled to under common law.
• Pressure to sign quickly: Some employers push employees to accept severance agreements before they have had a chance to seek legal advice.
• Unfair release clauses: Signing a severance agreement may prevent you from taking legal action or pursuing additional compensation.
• Exclusion of bonuses, benefits or commissions: Severance should account for all forms of compensation, not just base salary.

Before signing any severance agreement, consult an experienced employment lawyer in Calgary to ensure you are receiving everything you are entitled to.

How the Employment Lawyers at JSB Law Can Help 

At JSB Employment Law, we work exclusively for employees, ensuring that your rights and financial future are protected. Our services include:

• Severance package review: We assess your offer to determine whether it meets common law standards.
• Negotiation with your employer: If your severance offer is insufficient, we negotiate for fair compensation.
• Legal representation: If necessary, we advocate on your behalf through litigation to secure the best possible outcome.

Why Choose JSB Employment Law?

We stand firmly on the side of employees to level the playing field, ensuring that you receive the compensation and respect you deserve.

• Proven track record: We have successfully helped countless employees in Calgary maximize their severance pay.
• Strategic and effective advocacy: Our firm is known for achieving strong results through negotiation and, when necessary, formal legal action.
• Cost-effective solutions: We focus on efficient resolution to minimize legal costs and get you paid faster.
• Client-focused service: We prioritize clear communication and ensure you are informed throughout the process.

This is not the time to handle things on your own. Employers have legal teams working for them. You deserve skilled representation, too.

Your Trusted Calgary Employment Lawyers

If you have been terminated without cause, do not settle for less than what you are owed. Let our dedicated employment lawyers review your severance package and fight for the compensation you deserve.

Call 403-620-5400 or complete our contact form to schedule a consultation.