So you've been let go. Terminated. Released. Made redundant. Whatever HR wants to call it, you've been fired. You received a severance package, but quite frankly the offer seems low. After you've gone through the initial shock of losing your job, chances are you'll start doing some research into Alberta's legal minimums for termination pay. It is important to remember that these minimums do not take into account things like your type of employment, the benefits you received, orÂ
how difficult it might be for you to get another job. If you are reading this article, you are probably wondering how much money you are actually entitled to and if it's worth getting a lawyer involved. That's where we come in. At Litco Law, we've helped countless Albertans who have been laid off recover thousands of dollars through severance negotiations or claims. We believe in being generous with our time and knowledge. It won't cost you anything to talk to one of our Calgary Severance Package Review Lawyers. We'll review your employment history and your severance package to determine exactly what you are legally entitled to receive. And if it's not worth your while to pursue a claim or negotiation, we'll let you know. Give us aÂ
call or email to talk to a lawyer today - or if you want to learn more, keep on reading.
How does severance pay work in Alberta?
According to Alberta'sÂ
Employment Standards Code, if you have been employed for more than 90 days your employer must give you a notice of termination. Depending on how long you've been in your role, this could range anywhere from 1 to 8 weeks' notice. Alternatively, an employer can choose to pay you what you would have received while working during the notice period. This is referred to as "termination pay." In addition to the minimum legal requirements, you may be entitled to further compensation which is generally referred to as "severance." There are many things that can impact the amount of severance pay you are entitled to. Some of the most common factors include:
- The length of time you were employed;
- The reason for your termination;
- The manner in which you were let go;
- Your age;
- Your title or role;
- The nature of your work (i.e. Is it a specialized field?); or,
- The employment market.
The amount of severance you should expect to receive will also depend upon the benefits you received from your employer. This includes things like bonuses, commissions, incentive programs, profit sharing, and other benefits which were part of your employment agreement.
When all these factors are taken into consideration, you may be entitled to more money than you were initially offered by your employer. Our Calgary Severance Package Lawyers can review your severance package to determine whether or not the offer is fair and if it would be worth your while to make a claim. In some cases, it might make sense for us to renegotiate the terms of your severance with your employer. In others, we may need to make a claim in court. We believe in complete honesty and transparency, and we will never advise you to pursue a renegotiation or claim unless you stand to gain a significant amount of money.
How much will it cost to make a claim against my former employer?
If you've recently been let go, chances are the last thing you want to do is shell out money to a lawyer. At Litco Law we work on a contingency basis, meaningÂ
we don't get paid until you get paid. We'll cover the legal costs while your claim progresses, and we will only proceed with your case if we can guarantee that it will be worth your while. You can rest easy knowing that you will get the compensation you deserve, without any surprise legal fees. If you have been unfairly dismissed, or you are entitled to considerably more money than you have been offered, it may be worth pursuing a claim against your former employer (like thousands of dollars in your pocket worth it). Have questions? Give us aÂ
call or email, or send us a message in the chat. We're standing by, ready to answer your questions.
Will I need to go to court?
Not necessarily. In many cases, our Calgary Severance Package Review Lawyers can negotiate an increase in severance on behalf of clients without ever needing to file a claim. Your lawyer will assess what you are entitled to receive, write a demand letter to your former employer, and help get you the money you're entitled to. If this is unsuccessful, or there are special circumstances surrounding your dismissal, the next step may be to file a claim. If you would like to know more about negotiating an increased severance,Â
call or email us today.
If you think you may be entitled to more severance pay than you have been offered… Â
- DO NOT accept a severance offer, termination pay release, or sign anything from your employer until you know your rights.
- DO speak with an employment lawyer first.
What can I expect from my first meeting with a lawyer?
At Litco Law, your first meeting with a lawyer is always free of charge, meaning you'll get all the answers you need -Â
for free. The meter isn't running. The clock isn't ticking. You are under no obligation to take any legal action. You choose your next steps. And if you do choose us,Â
we never bill by the hour. When you meet with one of our Calgary Severance Package Review Lawyers you get:
- A comprehensive review of your severance package offer, termination letter, layoff notice, and any documents related to your release.
- A clear explanation of your legal rights and what you are entitled to under Alberta's Employment Standards Code.
- A personalized, accurate, and reliable severance pay calculation based on the details of your employment including the length of your employment, your role and ability to find similar work in your field, loss of employment benefits, and more.
- Practical advice on your best options including negotiating a severance increase or making a claim.
- Clear legal advice, without the jargon.
- A legal team dedicated to your success and taking the stress off your shoulders.
We cannot stress this enough. Online severance pay calculators are notoriously inaccurate and misleading as they are based on general averages that are not tailored to the particular circumstances of your case. A Calgary Employment Lawyer will be able to calculate the severance you are entitled to based on your personalized information, legal research, and knowledge of Alberta's employment laws. A personalized severance calculation will be much more accurate, informative, and reliable than a computer-generated severance pay calculator.Our Calgary Severance Package Review Lawyers are here to help.
We hate seeing people being taken advantage of and that's why we're here - to help balance the power and ensure you get the compensation you deserve. Losing your job is hard. Devoting your time, energy, and hard work to a company that doesn't fairly compensate you is even harder. Litco Law is Alberta born and bred, and we've been serving our community for over 45 years. We have helped thousands of hard-working Albertans, just like you. We understand what you are going through and we're here to help. Have questions about your termination pay, severance package, or employment rights?Â
Call or email us today, or send us a message in the chat. You'll always hear back from us within 24 hours during the week, or next business day if you call us on the weekend.