A Calgary executive severance lawyer helps CEOs, presidents, vice-presidents, directors and other senior leaders determine what their termination package is truly worth.
An executive severance package in Calgary can involve far more than base salary. Bonuses, commissions, stock options, RSUs, long-term incentives, pension contributions, benefits and other compensation can materially increase what you are owed.
Samfiru Tumarkin LLP helps non-unionized executives and senior professionals in Calgary review severance packages, protect complex compensation and negotiate the financial and non-financial terms of their departure.
⚠️ Received an executive severance package?
Don’t sign because your employer gave you only a few days to respond. Your employment agreement, incentive plans, equity documents and release should be reviewed together before you accept the offer.
On This Page:
- 1. When to Call a Lawyer
- 2. What Should Your Package Include?
- 3. How Is Severance Calculated?
- 4. Complex Calgary Compensation
- 5. Contracts, Bonuses & Equity
- 6. Negotiating Your Departure
- 7. Demoted, Restructured or Fired for Cause
- 8. What to Do Next
- 9. Common Questions
When Should You Call an Executive Severance Lawyer in Calgary?
Speak with an executive severance lawyer before accepting a termination package or signing a release.
A legal review is especially important when:
- A significant part of your income comes from bonuses, commissions or incentives
- You hold RSUs, PSUs, stock options or other equity
- Your compensation includes an LTIP, profit-sharing or deferred compensation
- Your employer says unvested equity is automatically lost
- Your employment contract contains a termination or severance clause
- You have non-compete, non-solicitation or confidentiality obligations
- You were recruited from another secure senior position
- Your role was eliminated during a merger or restructuring
- The company alleges cause, misconduct or poor performance
- Your reputation or departure announcement needs to be protected
The larger and more complex your compensation package is, the more important it becomes to review every agreement before calculating the value of your severance.
For the broader Canada-wide framework, read our guide to executive severance in Canada.
What Should an Executive Severance Package Include?
Your executive package can include the compensation you would have received during the applicable notice period, not only your base salary.
| Compensation | What should be reviewed |
|---|---|
| Base salary | The salary that would have continued through the proper notice period |
| Bonuses and commissions | Annual, performance, transaction, sales and incentive compensation |
| Equity compensation | Stock options, RSUs, PSUs, shares and awards scheduled to vest |
| Long-term incentives | LTIPs, profit-sharing and deferred compensation arrangements |
| Pension and retirement | Employer pension, RRSP and retirement-plan contributions |
| Benefits and executive perks | Health coverage, insurance, vehicle allowances and other regular benefits |
Your employment agreement is only one part of the review. Bonus plans, equity agreements, grant documents and compensation policies can contain separate termination terms that affect the final amount.
💡 Executive severance is based on total compensation, not simply salary.
An offer that looks substantial in months of base pay can still fall short if it excludes valuable incentives, equity or benefits.
How Is Executive Severance Calculated in Calgary?
Alberta employment standards provide minimum termination entitlements. Many non-unionized executives can be owed substantially more under common law, which can be as much as 24 months’ pay and sometimes more.
Important factors include:
- Your age
- Your length of service
- The seniority and responsibilities of your position
- Your total compensation
- The availability of comparable executive roles
- Your employment agreement
- Whether you were recruited from another secure position
Executives can face a narrower market for comparable employment than employees in less specialized roles. That can affect the amount of reasonable notice or compensation owed.
For the broader provincial rules, read our guide to severance pay in Alberta.
Employees without complex executive compensation can also visit our Calgary severance pay lawyers.
⚠️ Don’t rely on a “weeks per year” formula.
Length of service matters, but it is only one part of an executive severance assessment.
Why Calgary Executive Severance Packages Can Be Complex
Senior employees in Calgary’s energy, technology, finance, engineering, construction and professional-services sectors can receive compensation through several overlapping plans.
A termination can affect:
- Annual and quarterly incentive bonuses
- Transaction, retention or change-of-control payments
- Restricted share units and performance share units
- Stock options with short post-termination exercise periods
- Deferred compensation and long-term incentives
- Pension and retirement contributions
- Vehicle, housing, travel or relocation allowances
- Cross-border or parent-company compensation plans
A package should be assessed against the complete compensation structure. A payment listed as “severance” may address salary while leaving significant incentive compensation unresolved.
What if the company was sold or merged?
A sale, merger or change in control can trigger special rights under an executive agreement, retention plan or incentive program.
Review any change-of-control clause before accepting a new role, resigning or signing a termination release.
Executive Employment Contracts, Bonuses and Equity
The wording of your contracts and compensation plans can dramatically change what your severance package is worth.
Termination clauses
Your employer may rely on a termination clause to limit your package to a fixed amount or Alberta’s minimum employment standards.
Don’t assume the clause is enforceable simply because you signed it. The complete wording and the circumstances surrounding the agreement must be reviewed.
Read our guide to executive employment contracts in Canada.
Bonuses and commissions
A bonus or commission does not automatically disappear because you were terminated before the payment date.
The key questions include whether the compensation would have been received during the notice period and whether clear, enforceable terms properly remove or limit that entitlement.
Stock options, RSUs and other equity
Don’t assume unvested awards are automatically lost because HR says vesting stopped on your last active day.
The employment agreement, equity plan, grant documents and vesting schedule should be reviewed together.
Read our guide to stock options after termination in Canada.
Restrictive covenants
Non-compete, non-solicitation and confidentiality terms can affect your ability to move into another senior role, work with clients or join a competitor.
These restrictions should be reviewed as part of the severance negotiation, not after the agreement is signed.
Can You Negotiate an Executive Severance Package?
Yes. Your employer’s first offer does not determine your full legal entitlement.
Executive severance negotiations can address:
- Additional salary or notice-period compensation
- Bonus and commission treatment
- Equity vesting or compensation for lost awards
- Benefits and pension contributions
- Payment structure and timing
- Reference language
- Internal and external departure announcements
- Confidentiality and non-disparagement terms
- Non-compete and non-solicitation restrictions
- Legal fees and transition support
For senior executives, protecting professional reputation and future career options can matter alongside the financial package.
Learn more about how to negotiate a severance package.
⚠️ Your employer’s deadline is not your legal deadline.
The company can set a date for accepting its offer, but that date does not erase your underlying severance rights. Get advice promptly without rushing into a release.
Before signing, read our guide to full and final releases.
What If You Were Demoted, Restructured or Fired for Cause?
Demoted or pushed out
An executive does not need to receive a formal termination letter for severance rights to arise.
A major unilateral reduction in authority, compensation, responsibilities or status can amount to constructive dismissal.
Don’t resign before getting legal advice. Our Calgary constructive dismissal lawyers can assess whether the changes have effectively ended your employment.
Position eliminated through restructuring
A merger, reorganization or cost-cutting initiative does not remove your severance rights.
Read our guide to job elimination due to restructuring.
Fired for cause
If the company alleges misconduct or cause, it may try to deny salary, incentives and other termination compensation.
An employer’s allegation is not the final word. Have the evidence and termination documents reviewed before accepting that you are owed nothing.
Offered too little
If your package fails to provide the notice or compensation you are owed, you can have a wrongful dismissal claim.
Our Calgary wrongful dismissal lawyers help employees pursue compensation when a termination package falls short.
What Should You Do After an Executive Termination?
- Don’t sign the release. Review the package before giving up your rights.
- Collect your employment documents. Keep your contract, amendments and termination letter.
- Collect every compensation plan. Include bonus, commission, LTIP, pension and equity documents.
- Check equity deadlines. Vested options may have a short exercise window after termination.
- Document your total compensation. Keep pay statements, tax records and award statements.
- Preserve relevant communications. Keep messages about recruitment, compensation, performance and restructuring.
- Review post-employment restrictions. Understand any non-compete, non-solicitation and confidentiality terms.
- Have the complete package reviewed. Every agreement should be considered together.
Executive Severance Lawyer Calgary: FAQs
How much severance can a Calgary executive receive?
There is no standard executive severance package. The proper amount depends on age, service, seniority, total compensation, contractual terms and the availability of comparable work.
Does an executive automatically receive 24 months of severance?
No. Executive status alone does not guarantee a specific package. Common-law notice can be substantial in appropriate cases, but every entitlement depends on the full circumstances.
Are bonuses included in executive severance?
Bonuses can form part of severance if they would have been earned during the applicable notice period and enforceable terms don’t remove the entitlement.
Are RSUs and stock options included?
Equity can form part of termination compensation depending on when it would have vested and the wording of the employment and plan documents.
Can a short-service executive receive significant severance?
Yes. Length of service is only one factor. Seniority, age, recruitment circumstances and the difficulty of finding comparable work can also increase the entitlement.
Can an executive negotiate non-financial terms?
Yes. References, departure announcements, confidentiality, non-disparagement and restrictive covenants can all form part of a negotiated exit.
Do you have to sign by the employer’s deadline?
No. The employer’s acceptance deadline is different from the legal deadline for pursuing your severance rights.
What if the employer calls the package generous?
The employer’s description does not determine whether the package is fair. The offer must be compared with your complete legal entitlement and compensation structure.
What if you’re unionized?
Your collective agreement and grievance process govern termination and severance disputes. Contact your union. Samfiru Tumarkin LLP’s employment law team can’t assist with unionized workplace disputes.
Speak With a Calgary Executive Severance Lawyer
One overlooked bonus, equity award, pension contribution or termination clause can materially change the value of an executive severance package.
If your employment has ended, your role was eliminated or you are being pushed out of a senior position, get advice before accepting the offer or signing a release.
The Calgary employment lawyers at Samfiru Tumarkin LLP help non-unionized executives and senior professionals protect their compensation, reputation and severance rights.
Before you sign, always check first.
➡️ Review Your Executive Severance Package or call 1-587-324-0440.