Termination and Severance

Termination is usually a horrible experience. Most of the time it comes out of no-where with no warning at all. Being terminated (or fired) attacks your identity, self-esteem and self-worth. Most importantly, your ability to support your-self and your family is unexpectedly and immediately extinguished.

This is not the time to “do it your-self", since you don’t know the law, you don’t know your rights, and you don’t have any experience dealing with employers. Find out: your rights if you have been wrongfully dismissed and your entitlement to severance.

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Termination for Cause

The consequences of the termination of your employment may be further exacerbated by an allegation of cause or substantial wrongdoing. Such an allegation can be disastrous to your reputation and ability to find new employment. This allegation will, if left undefended, result in the extinguishment of your right to severance and the disentitlement to employment insurance.

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Constructive Dismissal

You may have ended the employment relationship by resignation due to significant changes by your employer to your status, duties, role or remuneration. If this is the case, you may still have rights. You may have been Constructively Dismissed and as a result, be entitled to money damages for Wrongful Dismissal.

Constructive Dismissal law is the most uncertain area of employment law and our lawyers have been providing advice to employees on this issue for over 20 years. Don’t resign until you have obtained legal advice. If you have resigned, we can still help by determining if you have been Contructively Dismissed and as a consequence are entitled to severance or other awards.

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Is your Employer Suing You?

Alberta employers continue to regularly threaten and often take action against their former employees for alleged misconduct that occurred during or even after  termination or resignation. Actions against former employees for: conflict of interest, breach of fiduciary duties, actions on non-competition or non-solicitation provisions, breach of repayment obligations are common.  We have successfully represented employees sued by their employers for over 20 years and have the team of lawyers to successfully represent you. 

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You may just need advice on how to compete lawfully against your former employer, or how to avoid a lawsuit against you post employment. We can provide you with experienced and practical advice. 

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Non-Competition Advice

Employers regularly have their employees sign non-competition and non-solicitation agreements. These agreements come in many forms and may form separate agreements between the employer and employee, or may be inserted into the general employment agreements. No matter what form these agreements take, their significance to an employee cannot be overstated.

The consequence to an employee of an enforceable non-competition or non-solicitation agreement can severely limit an employee's future employment options should they decide to leave the employer's employment to go into business for themselves, or work for a competitor of their former employer.

An employee who leaves secure employment (giving up his severance entitlement) with the belief that their non-competition agreement is unenforceable can be met with an injunction (an order to cease work) and a law suit seeking substantial damages. Despite the merits of the law suit, the employee will be required to spend substantial funds defending the law suit.

In many cases a non-competition or non-solicitation agreement will be found to be unenforceable because it fails to satisfy the relevant legal test. Nevertheless, any employee that executes an non-competition or non-solicitation agreement faces the risk that the clause may be enforceable. Given the severity of the potential consequences of a finding that these agreements are enforceable, all employees should obtain legal advice prior to executing any such agreements.

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If you need help with:

  • Severance
  • Constructive Dismissal
  • Abuse
  • Sued by your Employer
  • Workplace Advice
  • Employment Agreements
  • Bonus entitlement
  • Wrongful Dismissal
  • Termination for Cause
  • Harassment
  • Professional Standards (representation with your College)
  • Non-Competition and Non-Solicitation
  • Stock Options and P.S.U.
  • Education/training payback agreements
  • CPP, Employment Insurance, Employment Standards
  • Termination
  • Disability Insurance
  • Discrimination
  • Employment Agreement
  • Fiduciary Obligations
  • Partnership Litigation
  • Theft and Fraud investigations and Charges

And you require knowledgeable, practical, and experienced advice.