While being ‘let go’ might sound a little softer than ‘getting fired,’ losing your job is hard. Period. Your termination might have been the result of restructuring, cost cutting, or even just due to a personality clash. Whatever the reason, you’re now out of a job. If you were laid off without cause, your employer is legally required to give you reasonable notice of termination. This might look like a working notice (continuing to work up to the date your employment ends), pay in lieu of work (severance pay, where you receive your pay for the notice period but don’t have to work), or maybe a combination of both. If you are wondering if the notice or severance package you received is fair, always talk to an employment lawyer before signing or agreeing to anything from your former employer. At Litco Law, we’ve been helping hard-working Albertans just like you since 1976. Our Calgary Termination Without Cause Lawyers understand the ins-and-outs of employment law, and they understand what you’re going through. To learn more, keep on reading!
There’s a good chance you may be entitled to MORE than the legal minimums.
Alberta’s employment laws help to prevent you from being hung out to dry, so to speak. According to the Employment Standards Code, if you were employed for more than 90 days your employer must give you a notice of termination or pay in lieu of the time you would have worked. Depending on how long you’ve been employed with the company, this could range anywhere from 1 to 8 weeks. Most employers will choose to pay you the money you would have earned while working during the notice period. This is generally known as “termination pay” and is often intended to reduce the tension or discomfort you might feel if you had to go into a job after getting the sack. In addition to this you may be entitled to further compensation, which is typically referred to as “severance.” In most cases, statutory minimums do NOT reflect the full amount of money you are eligible to receive. You may be entitled to several thousands of dollars more through Alberta’s common law which considers factors such as:
- The length of time you were employed;
- The reason for your termination;
- The manner in which you were let go;
- Your age;
- Your title or role;
- The nature of your work (i.e. Is it a specialized field?); or,
- The employment market.
The amount of severance pay you are entitled to will also depend upon the benefits you received from your former employer. This includes things like yearly bonuses, incentive programs, profit sharing, commissions, and any other benefits which were part of your employment agreement.
In light of all these factors, you may be entitled to considerably more money than what your employer is offering. Talk to one of our Calgary Termination Without Cause Lawyers today and find out what your claim might be worth. Just give us call or email, or send us a message in the chat.
Do I have to sign my termination papers or severance offer?
It’s not uncommon for employers to try and pressure you into accepting a severance offer before you find out exactly how much money you might actually be entitled to. Regardless of what your employer or HR tells you, you are under no legal obligation to sign or accept anything.
- DO NOT sign anything right away. Your employer or HR representative may try to push you to accept their offer or ask you to sign a ‘release’ that is disguised as a severance offer, which they threaten to revoke unless you sign immediately or by a certain date.
- DO tell your employer that you would like to take some time to review the offer, and have it looked over by a lawyer before you sign the document. This is completely within your legal rights and your employer cannot legally impose an arbitrary deadline on you.
- DO consult an experienced employment lawyer before you accept a settlement or severance offer or sign any documents from your former employer. A lawyer will be able to tell you whether the offer is fair considering your employment history with the company.
If you have already signed a termination agreement or release from your employer, but you were unaware of what you were signing or forced or coerced into signing, you may still be able to make a claim. Contact us as soon as possible to find out how we can help.
Wondering if it’s worth your while to make a claim?
At Litco Law, our Calgary Termination Without Cause Lawyers will review your work history to determine:
- If the notice or severance offer you received from your employer is fair;
- Exactly how much money are entitled to receive; and
- Whether or not it is in your best interest to pursue a claim.
In some cases, it might make sense for us to renegotiate the terms of your severance with your employer. In others, we may need to make a claim in court to get you the money you are entitled to. We believe in complete honesty and transparency, and we will never advise you to pursue a renegotiation or claim unless you stand to gain a significant amount of money, even after our fees. Call or email us today to talk to a Calgary Termination Without Cause Lawyer for free. You are under no obligation. And if you decide to file a claim, we don’t get paid until you get paid.
In Alberta, you generally have up to two years from the date of your dismissal to make a claim in court or your right to do so is lost forever. But it’s important not to wait as there may be other important deadlines, or other circumstances that may affect the deadline or your claim. If you have any questions about the limitation period for your claim, call or email us for a free consultation with one of our Calgary Termination Without Cause Lawyers today.
Our Calgary Termination Without Cause Lawyers are here to help.
While it hardly seems fair to be fired from your job when you’ve done nothing wrong, this is a reality that many Albertans face, especially in light of the current economic climate. Losing your job is stressful. We’re here to reduce that stress. At Litco Law you get an entire legal team dedicated to your case. We’ll take care of the legal work and the paperwork, so you can focus on getting back to regular life. Our Calgary Termination Without Cause Lawyers will answer all your legal questions – for free. We are generous with our time and knowledge. The meter isn’t running, the clock isn’t ticking. Call or email us today, or send us a message in the chat. You’ll always hear back from us within 24 hours during the week. And if you do choose us, we don’t get paid until you get paid. You get a team that is standing by ready to help and a lawyer that’s ready balance the power, ensuring you get the compensation you deserve.