Doctors calling for investigation after AHS revoked Deena Hinshaw’s job offer

More than 100 physicians in Alberta have signed an open letter — calling for an investigation after Alberta Health Services (AHS) rescinded a job offer that was provided to the province’s former top doctor.

According to news outlets, including CBC News, Dr. Deena Hinshaw was hired by AHS to work as the Public Health and Preventative Medicine Lead for the Indigenous Wellness Core (IWC). She was set to start on June 5.

However, sources claim that the job was pulled against the wishes of the team that hired her, which prompted Dr. Esther Tailfeathers, IWC’s senior medical director, to resign.

In an open letter to @ABDanielleSmith and Dr. Cowell, Albertan Physicians express their grave concerns around recent events with Dr. Hinshaw’s removal and Dr. Tailfeathers’ resignation.

We ask for transparency. For MDs to be able to do their jobs without fear of retribution. pic.twitter.com/4e9eKAYvpE

— Neeja Bakshi (@NeejaB) June 26, 2023

“There is no place for leadership which undermines the decisions, recommendations and sovereignty of the Indigenous Wellness Core, and no place for political interference in healthcare delivery,” the open letter states.

The document not only calls for an investigation into the “integrity and ethics” of the decision, but it also demands a public apology from Dr. Cowell.

In a tweet on June 3, AHS stated that Dr. Hinshaw wasn’t employed by the health authority.

“AHS is reviewing the position and remains firmly committed to working with Indigenous communities and working to improve health outcomes for all communities and populations.”

Other groups, including the Indigenous Physicians Association of Canada (IPAC), hope that AHS will “reflect on the damage this decision has caused.”

“In 2023, at a time that we should be focused on reconciliation, we are still fighting for basic sovereignty over our rightful decision-making authority when it comes to healthcare administration, governance, research, and provision in many parts of this country,” IPAC said in a statement.

The press secretaries for both Premier Smith and Health Minister Adriana LaGrange told CBC News that AHS is responsible for hiring decisions and the province doesn’t comment on the health authority’s personnel decisions.

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Am I owed severance if my job offer is revoked before I start working?

The short answer is yes. In Alberta, when a job offer is made and accepted, it creates an employment relationship.

This triggers a non-unionized employee’s right to severance — even if they have never worked a day in the position.

How is severance pay calculated?

Severance for non-unionized employees in Alberta can be as much as 24 months’ pay.

This includes individuals working full-time, part-time, or hourly in the province.

The amount of compensation you are entitled to is calculated using several factors, including:

• Age
• Position at the company
• Length of service
• Ability to find new work

WATCH: Employment lawyer Lior Samfiru explains everything you need to know about severance pay on an episode of the Employment Law Show.

While length of service is a key factor, it doesn’t automatically disqualify you from receiving a significant amount of severance if you are fired or let go before your first day of work.

To figure out how much you could be owed, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians understand their severance entitlements.

If your company doesn’t provide you with the correct amount, you have been wrongfully dismissed and should contact an experienced Alberta employment lawyer at Samfiru Tumarkin LLP.

We regularly resolve wrongful dismissal claims and can help you secure proper compensation.

LEARN MORE
• Severance for provincially regulated employees
• Rights to severance for federally regulated employees
• Severance pay for short-service employees

I was let go before my probationary period started, does that affect my severance entitlements?

In Alberta, employment contracts often contain a “probation clause” that requires non-unionized employees to complete a three-month probationary period when they start working for a new company.

Probationary periods are meant to give employers an opportunity to assess an individual’s suitability for a role.

However, if you are fired or let go before your first day of work, you wouldn’t be able to prove that you were the right fit for the job.

As a result, your boss wouldn’t be able to rely on the probation clause — meaning you would still be entitled to severance pay.

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• Starting a new job? Here’s how an employment contract could limit your rights
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My boss is pressuring me to accept my severance offer immediately, what should I do?

Employers in Alberta can’t legally force non-unionized workers to sign a severance offer immediately.

You don’t have to accept it before leaving a termination meeting or a few days after receiving it.

In some cases, severance offers can include:

• A termination clause that attempts to limit the amount of severance pay you can receive
• Non-compete clauses that prevent you from being able to pursue employment elsewhere in your industry

Once you receive a severance offer from your company, hold off on signing it until you speak with an experienced Alberta employment lawyer at Samfiru Tumarkin LLP.

As long as you didn’t accept it and return it to your employer, you have two years from the date of your dismissal to pursue full severance pay.

SEE ALSO
• I already accepted a severance package, what should I do?
• ’60 days or more’: Is it an enforceable termination clause?
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Am I entitled to severance pay if I quit?

In most cases, non-unionized workers in Alberta don’t get a severance package if they resign from their position voluntarily.

Severance is designed to provide employees with financial support while they look for new work after being fired without cause or let go.

However, if you are forced to leave because of unwanted changes to your job, it’s very likely that you could treat it as a constructive dismissal.

In this situation, the law allows you to resign and pursue full severance pay.

If you believe that you have been constructively dismissed, don’t quit your job before reaching out to Samfiru Tumarkin LLP.

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• Severance pay in a recession
• Employment Law Show: Facts about forced resignations

Lost your job? Speak with an employment lawyer

If you are fired or let go before your first day of work, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Alberta, B.C., and Ontario have helped tens of thousands of non-unionized individuals resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation you are legally entitled to.