Client Win: Full Severance for Alberta Manager Following Firing Fiasco

Why the Victory Matters

Samfiru Tumarkin LLP successfully argued that our client, a general manager at a hotel in Alberta, was wrongfully dismissed — entitling her to full severance pay, not just the minimum amount of compensation required under the province’s Employment Standards Code (ESC).

The win highlights why non-unionized workers in Alberta should contact our knowledgeable team before accepting their employer’s severance offer.

• SEE ALSO: Next Steps if You’ve Already Accepted a Severance Offer

📺 WATCH: Key Facts About Wrongful Dismissals

What You Need to Know

• Our client noticed an open housekeeping position at the hotel and got permission from her employer to hire her son.
• Following the retirement of our client’s immediate supervisor, new management took over and questioned her decision to hire a relative.
• Our client was fired without cause. She was only offered her minimum severance entitlements under the ESC, which wasn’t appropriate given the unique circumstances of her case.
• During our review of our client’s situation, we noted that her employment contract contained an unenforceable termination clause.
• When the employer learned Samfiru Tumarkin LLP had been hired, they alleged that they actually had just cause to fire our client.
• Following conversations with our client’s employer, we were able to secure the severance pay she was legally entitled to outside of the courtroom.

Key Takeaways

For Employees

• Severance in Alberta can be as much as 24 months’ pay — sometimes more: If you receive a severance offer from your employer, hold off on accepting anything until you speak with an experienced employment lawyer at Samfiru Tumarkin LLP. We can review your situation, determine if any termination clauses in your employment contract are legally enforceable, and help you secure the compensation you’re owed.

For Managers

• If you hire a relative, carefully document all your decisions surrounding their employment: Just because your boss currently supports the arrangement, new management might feel differently — as was the case for our client.

For Employers

• Consult an employment lawyer before firing staff: Employers in Alberta should always seek legal counsel before terminating a non-unionized worker “for cause” or without cause. A thorough review by our team will ensure laws aren’t being broken, the employee’s rights have been taken into account, and that you’re protecting your business.

More Client Wins

• Salesperson Awarded $182K in Wrongful Dismissal Case
• Alberta Site Supervisor Awarded $31K After Demotion, Pay Cut
• Employee Wins 17-Month Severance After Unfair Demotion Offer
• Executive Awarded Over $300K Following Devastating Demotion

Workplace Issue? Contact Us

Since 2007, the experienced employment law team at Samfiru Tumarkin LLP has helped tens of thousands of non-unionized individuals resolve their workplace issues.

Whether you’re in Alberta, British Columbia, or Ontario, our lawyers are ready to provide expert advice and effective solutions.

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.