Many people assume that you must work many years at a business to be eligible for a large severance package — or any severance at all. But in legal proceedings, short-service employees often get disproportionately larger severance payouts than employees who have served with a company for many years. You are still entitled to severance if you work part-time hours. Hours worked is only one factor in determining a complete severance package. Employment contracts can be written to include a termination clause that attempts to severely restrict severance pay.
But these termination clauses are often invalid or illegal. If you are terminated and your employer is pointing to a termination clause to try to withhold severance pay, contact an employment law firm like Samfiru Tumarkin LLP immediately for a free consultation. Many employers use deadlines to pressure employees into signing away their rights to fair severance.
They want you to sign an offer before having it reviewed by an employment lawyer, who may discover that you are owed much more. Once you sign and return an offer, it cannot be undone. Much like provincially regulated employees, all workers in federally regulated businesses, such as banks, transportation and broadcasting, are entitled to full severance pay.
Have you been let go from your job? Are you trying to properly calculate your severance package? If an employer wants to terminate an employee, they must provide them with termination notice, termination pay or a combination of both. This obligation does not apply if the employee has been employed less than three months or is being dismissed for just cause. In situations where employers do not want employees to work through their notice period, employers can provide termination pay instead of notice.
In this case, the employee stops coming into work and instead receives compensation for the wages they would have earned had they continued working until their termination date. Employers can also provide a combination of notice and termination pay. Employees can work partway through their notice period and receive termination pay for the remaining period that they do not work.
The length of the termination notice period depends on how long the employee has worked for their employer. This is the minimum requirement for termination pay as specified in the ESC. However, under Common Law employees may be eligible for more notice or pay.
Based on circumstances, certain employees are not entitled to termination notice while others may be eligible for more than is legally required.
Speak to one of our HR advisors to find out how much notice your employee is due. Contact us today for help with all types of employee pay, termination and pay in lieu of notice: 1 Necessary cookies are absolutely essential for the website to function properly.
This allows you to ask the questions you have about what rights you have, without fear of a high legal bill. Further, if we represent you to negotiate more money from your employer, we provide that service of a contingency basis. This means that you pay no extra fees unless we collect more for you.
The following videos help understand more of these concepts. This applies for employers about to present a severance package and an employee who just received one. Our severance package review lawyers review your severance package to determine if the offer is fair.
We offer these services on a flat rate basis. If we determine a case for increased severance exists, and if an employee wishes us to negotiate for an increased amount, we do so on a contingency basis. This means that you only pay more than the flat rate fee, if we secure more pay for you. You only pay us the contingency on any gross increase we negotiate for you.
Get proper advice today. Some employees are not entitled to a notice period before their last day of work. For example, notice is not required where the employment is offered on a seasonal basis and the season ends, or if you are employed in a construction trade. Just cause is when your employment is terminated because of serious misconduct, incompetence or disobedience.
If you think that you were terminated unfairly you may want to consult with a lawyer or contact Employment Standards at If your employment is terminated without notice, you must be paid all your wages and other amounts owing from your employer within 10 days of your last day of work.
If you are temporarily laid off, it is possible that you are not entitled to a notice period. Your employer must recall you to work before or on the 60 th consecutive day of a temporary layoff.
Note that due to COVID, the Alberta government has temporarily extended the maximum time for temporary layoffs to days.
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