What qualifies as wrongful dismissal in Alberta?

Wrongful dismissal occurs when an employee is terminated without cause and does not receive adequate working notice or fair severance pay in lieu of notice. It also occurs when an employer falsely claims 'just cause' to avoid paying severance, or when working conditions are unilaterally altered to force a resignation (constructive dismissal).

What is the difference between termination with cause and without cause in Alberta?

In Alberta, employers can terminate most employees 'without cause' at any time, provided they pay full statutory and common law severance. Termination 'with cause' (just cause) requires serious, demonstrable misconduct such as theft, fraud, or gross insubordination. The legal standard for just cause is exceptionally high, and employers frequently fail to prove it in court.

How long do I have to file a wrongful dismissal claim in Calgary?

Under the Alberta Limitations Act, you have two years from the date of termination to commence a legal claim for wrongful dismissal. However, it is strongly recommended to consult an employment lawyer immediately to preserve evidence and avoid missing critical documentation.

Can I claim additional damages if my employer acted unfairly during termination?

Yes. If an employer engages in bad faith, dishonesty, humiliation, or harsh conduct during the dismissal, Alberta courts may award moral damages (under Honda v. Keays principles) or punitive damages in addition to your standard severance pay.

How much severance pay am I entitled to in Alberta?

In Alberta, severance entitlement is determined under two regimes: statutory minimums under the Employment Standards Code (ranging from 1 to 8 weeks) and Canadian Common Law. Under Common Law, notice is calculated using the Bardal factors (age, tenure, seniority of role, and availability of comparable employment) and can reach up to 24 months of total compensation, including salary, bonuses, and benefits.

Do I have to sign my severance offer before the employer's deadline?

No. Artificial deadlines (such as 48 or 72 hours) set by employers are not legally binding under Alberta law. Under the Alberta Limitations Act, employees generally have up to two years from the date of termination to advance a claim for common law severance. You should never sign a release until an employment lawyer has reviewed the offer.

What is the difference between statutory notice and common law severance in Alberta?

Statutory notice under the Alberta Employment Standards Code is the bare legal minimum an employer can pay. Common law severance reflects the actual reasonable time required for an employee to secure comparable employment. Common law notice is almost always significantly higher than statutory minimums unless an enforceable employment contract validly limits notice.

Can my bonus, stock options, and health benefits be included in my severance?

Yes. In Alberta, a proper common law severance package should compensate you for all compensation components you would have earned during the notice period. This includes discretionary and non-discretionary bonuses, restricted stock units (RSUs), unvested stock options, car allowances, and health and dental coverage.

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The Analysis Process

How We Review Your Severance Offer

A streamlined, secure, and completely confidential assessment process.

Upload & Submit

Provide details and securely upload your agreement through our secure intake portal.

Deep Legal Analysis

We evaluate key variables: tenure, position, age, commission clauses, and mitigation terms.

Actionable Strategy

Receive a private evaluation session clarifying if we can negotiate a higher exit payout.

Detailed Assessment

Critical Variables Evaluated in Your Contract

Our team reviews employment agreements to locate hidden liabilities and maximize recovery values.

Common Law vs. ESA Minimums

Employers frequently try to limit payouts to statutory minimums. We assess if you qualify for higher common law entitlements.

Bonus & Benefit Continuation

Severance values should cover commissions, bonuses, health coverage, RRSP matching, and vehicle allowances, not just basic salary.

Restrictive Covenants

We review non-compete and non-solicitation language within your exit terms to ensure your future career growth is not restricted.

Mitigation Clauses

We verify whether finding new employment during your severance period automatically terminates your employer's ongoing payout obligations.

Answering Your Questions

Severance Package FAQs

Answers to common concerns Calgary professionals face during termination transitions.

Do I have to sign by my employer's deadline?

No. Employers often push aggressive deadlines (e.g., 24 to 72 hours) to limit your options. In Alberta, you generally have up to 2 years to pursue legal entitlements under Common Law. Do not feel pressured to sign until you've had a professional legal assessment.

How is severance calculated under Common Law?

Unlike basic statutory rules, Common Law calculations (often referred to as the Bardal factors) evaluate several variables: age, length of tenure, character of the role, and the likelihood of securing alternative employment. This frequently yields packages significantly larger than the minimums required by the Employment Standards Code (ESC).

Is your review fully confidential?

Absolutely. All communications, uploaded files, and consultation sessions are protected under attorney-client privilege. Your employer will not be notified of your inquiry unless you explicitly choose to retain us to conduct formal negotiations.

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Before signing away your statutory and common law legal rights, ensure your termination package reflects the true financial value of your career investment.

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