Alberta Court Win: Product Specialist Awarded Over $58,000 After Being Fired Without Severance

Samfiru Tumarkin LLP secured more than $58,000 for an Alberta product specialist fired without severance after over 11 years with his employer. Our team also defeated the company’s attempt to make him pay for alleged business losses.

Richard Hiebert lost his job at Zimco Instrumentation Inc. after the company accused him of poor performance, dishonesty and refusing to follow instructions. When he challenged his dismissal, Zimco responded with a claim against him that initially sought $500,000.

Richard was represented by Samfiru Tumarkin LLP. The Alberta Court of Justice rejected the company’s reasons for withholding severance and dismissed its claim against him.

The Employer Said Richard Deserved No Severance

Zimco argued that Richard worked too slowly, failed to respond to customers promptly, sent a misleading email and did not follow certain workplace instructions.

It said these problems justified firing him for cause — meaning it believed it could end his employment without notice or severance.

The company also blamed Richard for lost sales and other business losses. It initially sought $500,000 from him, later reducing that claim to $100,000 to stay within the court’s limit.

Richard was now fighting on two fronts: to recover the severance he was owed and to defend himself against his former employer’s demand for money.

Performance Problems Did Not Justify Withholding Severance

The court accepted that Zimco had genuine concerns about Richard’s performance. But having concerns was not enough to justify firing him without severance.

His March 2021 review showed a mixed picture. The company wanted him to work faster and improve how he handled competing tasks. It also described him as knowledgeable and valuable, and praised his presentations about pump products.

What was missing was a clear warning that his job would end if he did not improve, along with a reasonable chance to make those improvements.

Zimco claimed it gave him a verbal warning in August 2021. The judge was not satisfied that it clearly warned Richard he could lose his job. Even if that warning had been given, the owners had essentially already decided to dismiss him.

A warning offers little chance to improve if the decision to fire someone has already been made.

The court also considered the other allegations. It found that Richard had sent a misleading email, but that this isolated incident called for a reprimand or warning, rather than dismissal without severance. Taken together, the company’s complaints still did not justify the way it ended his employment.

The Company Also Tried To Blame His Job Search

Zimco argued that Richard should receive less money because he had switched to selling financial services instead of finding a similar job.

But the company had required him to sign an agreement restricting his ability to work for competitors. It reminded him of those restrictions in his termination letter.

The judge recognized that this limited Richard’s job search. Zimco also failed to provide evidence showing that suitable jobs were available and that Richard likely would have found one.

The court rejected that argument for reducing his award.

Our Team Secured His Severance And Defeated The Employer’s Claim

The court found that Richard should have received 10 months of notice. His age, more than 11 years of service, experience and employment prospects all mattered.

The award included his salary and benefits over that period, less $340 he earned from new work.

The judge also dismissed Zimco’s claim for business losses. The company had not shown that Richard deliberately or recklessly caused harm, or adequately proved that his actions caused the losses it claimed.

Read the full court decision: Hiebert v. Zimco Instrumentation Inc., 2025 ABCJ 133.

What This Means For You

• Being fired “for cause” does not settle whether you are owed severance. Your employer must be able to justify that decision. Richard’s case shows that even documented performance problems may not be enough.
• Warnings and a real opportunity to improve can matter. In this case, the employer had not clearly warned Richard that his job was at risk and given him a fair chance to address its concerns.
• An employer’s demand for money is not proof that you owe it. If your former employer blames you for business losses, get advice before agreeing to pay or giving up your severance claim.
• Keep records of your job search. Your efforts to find comparable work can affect your severance. Tell your lawyer about any agreement that limits where you can work.

A Lesson For Employers

Performance concerns should be addressed clearly before they lead to dismissal. Our employment lawyers can review warnings, workplace issues and termination plans to help businesses understand their risks.

Another Alberta client win: See how our team helped a shift supervisor recover severance after being fired for cause.

Fired Without Severance In Alberta?

Do not assume your employer has the final say on what you are owed. Your severance could be as much as 24 months’ pay, depending on your circumstances.

Our Calgary employment lawyers and Alberta employment law team can review the reasons for your dismissal, explain your severance rights and help you decide what to do next.

Many severance disputes can be resolved without going to court. When litigation becomes necessary, Richard’s case shows how our team can challenge an employer’s allegations and pursue the money an employee is owed.

Disclaimer: The materials provided in this article are for general informational purposes only and DO NOT constitute legal advice. For advice specific to your situation, please consult a legal representative at Samfiru Tumarkin LLP.