Reasonable Notice Assessments in Calgary
Did you know that as an employee, you are entitled to a reasonable amount of notice when facing termination?
In employment law, reasonable notice is just what it sounds like. Employees should be offered a reasonable amount of advance notice when facing termination in the workplace. Some employers may prefer that employees don’t work through this period, so that they may offer pay-in-lieu of notice instead. This should provide the employee with enough time, or money, to support them while they seek out another job.
But many employers will offer an inadequate severance package or disregard the termination notice guidelines set out under Employment Standards Code, or common law requirements.
We want to educate workers here in Calgary that they have rights, and these rights must be respected during their termination process.
What is a Reasonable Period of Notice?
There are a few key factors that determine what is a reasonable period of notice when dealing with the termination of an employee. In addition to minimum statutory notice requirements, set by the Province, the following factors must also be considered at common law:
- Length of service
- Age of employee
- Type of position (this can include salary and level of responsibilities)
- Availability of similar employment at the time of termination
These are known as the Bardal Factors, and they are commonly used to calculate what is reasonable on a case-by-case basis. When it comes to the timeframes determined by the Employment Standards Code, the amount of notice is solely dependent on the length of employment.
For example, if an employee has worked for more than 6 years, but less than 8 years, they should receive 5 weeks of the termination notice. At common law, this same employee may be entitled to 7-8 months of reasonable notice or pay-in-lieu. The two-pronged approach to calculating notice entitlements confuses may employers, so getting an employment lawyer to review your offer is critical.
Certain situations relieve the employer from having to give notice. But these situations are quite rare in our practice. Many employers will use complicated language or intimidating clauses in their employment contracts or termination letters to deter their workers from seeking legal guidance.
At the end of the day, if you have not been provided reasonable notice before your termination, our Calgary Employment Lawyers can help you.
Can I challenge my notice of termination in Alberta?
Here at YYC Employment Law Group, you have wrongful dismissal lawyers ready to fight for you – the employee.
In Calgary, we have helped hundreds of employees who felt pressured to accept severance packages that were simply unfair. Employers often use strategic language to strongarm employees into believing they don’t have a voice when it comes to the termination of their employment.
The truth is this: Alberta has clear, unambiguous laws when it comes to just and reasonable periods of notice in these situations. We can help you understand your rights, and fight for a fair severance package that reflects your contributions as you exit your current role.
Find Clarity with a Reasonable Notice Assessment
If you have been recently terminated or you think you might be terminated and you suspect you have not received a reasonable notice of termination, please reach out to us today.
Our Calgary employment lawyers want to help you understand your rights and fight for what is yours.