Severance Lawyer

Navigating the complexities of severance pay can be a challenge, and having a severance lawyer as your ally can give you great peace of mind. We will advocate on your behalf to help you secure a favorable package and set yourself up for success.

With their knowledge of Alberta employment law, the severance pay lawyers at DLegal can provide valuable guidance and representation while negotiating fair severance packages. They have an in-depth understanding of the Employment Standards Act and the law principles that govern severance pay in Alberta. Our lawyers can analyze the specific circumstances of each case, assess the applicable factors, and advocate for your rights.

Whether it’s determining the appropriate notice period, calculating fair compensation, or negotiating the terms of a severance agreement, the severance lawyers at DLegal can ensure you receive the best possible outcome for the end of your employment relationship.

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Types of Severance Pay in Alberta

Common Law Severance Pay

Common law severance pay refers to the compensation provided to employees upon termination and is based on various factors. These factors typically include the length of employment, the employee’s position within the company, salary, and availability of similar employment. Common law severance pay is determined by legal precedents and court decisions, rather than specific statutory regulations.

Termination Pay

Termination pay is the minimum notice or payment an employer must provide to an employee when terminating their employment without cause, as outlined in the Alberta Employment Standards Act. The Act sets out specific rules regarding notice periods based on the employee’s length of service. Alternatively, employers can choose to provide payment in lieu of notice, which is commonly referred to as termination pay.

Severance Package

In some cases, employers may offer a severance package that goes beyond the minimum requirements set by the law. A severance package is a comprehensive compensation package provided to employees upon termination. It can include additional benefits and compensation beyond the minimum entitlements under the Employment Standards Act. The terms of a severance package are typically negotiated between the employer and the employee or their legal representative.

Factors The Influence Severance Pay

Employment Standards Act

The Alberta Employment Standards Act establishes the minimum requirements for severance pay. It outlines the notice periods and payment calculations based on an employee’s length of service. The ESA sets out the minimum entitlements for termination notice or pay in lieu of notice.

Employment Contract or Agreement

The presence of employment contracts or agreements can significantly impact how much severance pay is paid out. If there is a valid contract in place, it may contain specific provisions regarding severance pay, including notice periods, payment calculations, and any additional benefits or conditions. Employers and employees should carefully review the terms of the contract to understand the agreed-upon severance arrangements.

Common Law

Alberta common law principles also play a crucial role in determining severance pay. Common law refers to legal principles established by court decisions over time. In severance cases, common law considers factors such as the length of an employee’s service, age, position within the company, and the availability of comparable employment opportunities. Courts may refer to previous judgments to assess the reasonable amount of severance pay an employee should receive based on these factors.

Wrongful Dismissal

Wrongful dismissal occurs when an employer terminates an employee without just cause or without providing reasonable notice or severance pay as required by law or contract. If an employee’s termination is deemed wrongful, they may be entitled to increased severance pay as compensation for the unfair dismissal. The assessment of wrongful dismissal cases is based on a variety of factors, including the circumstances surrounding the termination, the employee’s length of service, and any contractual obligations.

Mitigating Factors

The principle of mitigation comes into play when determining severance pay. Mitigation refers to an employee’s duty to minimize their losses by actively seeking and accepting comparable employment during the notice or severance period. If an employee successfully finds alternative employment, the amount of severance pay they receive under common law principles may be reduced or adjusted accordingly. At the same time, an employee’s failure to take reasonable steps to find comparable employment may be a good reason for the employer to challenge the termination pay claim.

Individual Circumstances

Individual circumstances are taken into account when determining fair severance pay. These circumstances include the employee’s age, length of service, specialized skills, seniority, position within the company, and the availability of similar employment opportunities in the job market. Each case is unique, and these factors are assessed to determine the appropriate amount of severance pay based on the individual’s situation.

When To Contact a Severance Lawyer

Negotiating Severance Packages

A severance lawyer at DLegal can help you evaluate the terms of a severance package offered by your employer. They will consider factors such as the amount of compensation, continuation of benefits, non-compete clauses, confidentiality agreements, and any other provisions. They can then negotiate with your employer to ensure the severance terms are fair and reasonable, protecting your interests and maximizing your benefits.

Wrongful Termination

If you believe your termination was unlawful or without proper cause, lawyers with expertise in Alberta employment law can assess the circumstances surrounding your termination. A severance lawyer will review your employment contract, company policies, and applicable employment laws to determine if your rights have been violated. Severance lawyers can guide you through the process of filing a wrongful dismissal claim and represent you in negotiations or legal proceedings to seek compensation for your losses.

Disputes Over Severance Amount

In cases where you and your employer disagree on the amount of severance you are entitled to, our severance lawyers can analyze various factors such as your length of service, position, salary, and industry standards. They can advocate on your behalf to ensure you receive the appropriate level of compensation, either through negotiations or legal action.

Employment Contract Review

Before signing an employment contract, it may be wise to have a severance lawyer review its terms and conditions to ensure they are fair and protect your rights in the event of termination.

Mitigating Losses

If your employer accuses you of failing to mitigate your losses by not actively seeking new employment after termination, our severance lawyers can help assess the circumstances. They can advise you on how to respond and present evidence to demonstrate your efforts in mitigating your damages. This can be crucial in defending your entitlement to full severance benefits.

Complex Legal Issues

In some cases, severance situations can involve complex legal matters such as discrimination, harassment, retaliation, or breaches of employment law. The lawyers at DLegal provide legal assistance in these areas and can guide you through the legal complexities, help you understand your rights, and provide representation to protect your interests.

Choose The Right Calgary Severance Pay Lawyer

At DLegal, our employment lawyers have years of experience dealing with severance cases. They can provide you with the legal advice, guidance, and representation needed to protect your rights and ensure that you get a fair severance package. Speak to a DLegal employment lawyer today for expert advice and personal attention as you enter a new agreement.

At DLegal, we know a wrongful dismissal case can feel personal. That’s why we are here to help you get the justice you deserve. Reach out to our employment lawyers today to get started with your workplace-related legal matters.


We also provide legal support to employers. So, if you are facing a wrongful termination claim against your business, contact our team.

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Anna Dunaeva

Anna perpetually works to surpass her clients' expectations. Through continuous communication, Anna delivers on her commitment to keep clients at the centre of her practice.

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