Should I negotiate my own severance package in Alberta?

In Alberta, you should not negotiate your severance package on your own, as you risk putting yourself in a worse-off position. Negotiating severance on your own can be challenging due to the complexities of the province’s employment laws.

While it might seem like a good idea to negotiate a fair severance package on your own, non-unionized workers in Alberta are better off having an experienced employment lawyer represent them during discussions with their employer.

If you have been fired without cause or let go, and you believe that your company isn’t offering the correct amount of compensation, here are the top three reasons you should let the employment law team at Samfiru Tumarkin LLP fight for you.

1. We know how to properly calculate severance pay

Severance in Alberta can be as much as 24 months’ pay.

The amount of compensation you are entitled to is calculated using a variety of factors, including your:

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

More than 100 factors have been considered by Canadian courts when determining how much severance pay a non-unionized employee is owed.

An experienced employment lawyer at Samfiru Tumarkin LLP can review the unique circumstances of your case and help you secure the compensation you deserve.

LEARN MORE
• Severance for provincially regulated employees
• Rights to severance for federally regulated employees
• Severance pay in a recession

2. We can secure a fair severance package fast

The reality is that many employers won’t provide non-unionized workers in Alberta with their severance entitlements voluntarily. It’s common for companies to look for ways to delay the process.

Once Samfiru Tumarkin LLP is formally hired to represent you, our lawyers will ensure that your boss takes your case seriously and deals with it promptly.

If your employer refuses to provide you with a fair severance package in a timely manner, we can help you file a wrongful dismissal claim.

SEE ALSO
• Employment Law Show: Wrongful dismissals in Canada
• Employment Law Show: Situations that trigger legal disputes

WATCH: Employment lawyer Lior Samfiru explains five things employees shouldn’t do before seeking legal counsel on an episode of the Employment Law Show.

3. We can help you determine if you are entitled to more than a severance package

In some cases, adequate severance pay isn’t the only issue that needs to be addressed during negotiations.

Other matters, such as dishonesty by the employer or harassment and discrimination at work, might need to be discussed as well.

• Example: During severance negotiations, it’s determined that a 20-year employee at a manufacturing company in Calgary was fired due to his age. Since the reason for his dismissal is discriminatory, the worker’s lawyer informed him that he is entitled to full severance pay, human rights damages, and potentially reinstatement to his previous position with full back pay.

An experienced Alberta employment lawyer at Samfiru Tumarkin LLP can review your situation, identify potential issues, and inform you of your legal options.

SEE ALSO
• Can I get my job back if I am fired?
• Alberta admin assistant awarded nearly $40K in discrimination case

My employer is pressuring me to sign my severance offer immediately, what should I do?

Employers can’t legally force non-unionized workers in Alberta to accept 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?
• Employment Law Show: 5 facts about employment contracts

My employer won’t provide me with any severance after I declined their offer, can they do that?

Even if you turn down your employer’s severance offer, the company must provide you with the minimum amount of termination pay required under Alberta’s Employment Standards Code (ESC).

If your boss won’t provide you with any compensation after refusing their initial offer, it’s very likely that you could file a wrongful dismissal claim to obtain proper severance.

SEE ALSO
• Employment Law Show: You’re still owed severance if…
• Employment Law Show: What your employer legally can’t do

Received a severance offer? Speak with an employment lawyer

Before accepting any severance offer from your employer, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our employment lawyers in Calgary and Edmonton, representing clients across Alberta, can review the agreement and ensure that you receive the compensation you are legally entitled to.