Termination and Severance Pay Lawyer Calgary

Losing a job is stressful enough without the added uncertainty of whether the severance package sitting on your kitchen table is actually fair. If you have recently been let go, laid off, or told your position has been eliminated, a severance pay lawyer in Calgary can help you understand what you are truly owed and fight for every dollar the law entitles you to receive.

At TZ Law, we focus exclusively on employment law for employees in Calgary and throughout Alberta. We review termination offers, negotiate better outcomes, and, when necessary, take employers to court. Whether you are a long-tenured executive or a mid-career professional, understanding your rights around termination and severance pay is the first step toward protecting your financial future.

What Severance Pay Means in Alberta

In Alberta, the term “severance pay” is commonly used to describe the compensation an employee receives when their employment is terminated without cause. Strictly speaking, the Alberta Employment Standards Code ←-plz make nofollow and open a new window sets out minimum termination notice periods (or pay in lieu of notice), while the broader concept of “reasonable notice” or severance is determined under common law principles developed by the courts.

The statutory minimums under the Employment Standards Code are modest. They range from one week of pay for employees with more than 90 days but fewer than two years of service, up to a maximum of eight weeks for those with ten or more years of service. However, these figures represent only the legal floor. Courts in Alberta routinely award notice periods, and therefore severance amounts, that far exceed the statutory minimums.

A qualified severance pay lawyer will look beyond the minimums and assess what you are entitled to under the common law, which takes into account a much richer set of factors. If your employer has offered you only the statutory minimum, it is very likely that you are owed significantly more.

How Much Severance Pay Can You Get After Termination?

The amount of severance pay you can receive depends on what a court would consider “reasonable notice” in your specific circumstances. Alberta courts have historically treated 24 months as a rough upper limit for reasonable notice, although recent decisions have pushed that boundary even further.

In Lischuk v K-Jay Electric Ltd, 2025 ABKB 460, the Alberta Court of King’s Bench awarded a 58-year-old general manager 26 months of severance, finding that exceptional circumstances justified exceeding the traditional ceiling. This landmark 2025 decision confirms that for long-service, high-level employees, the “24-month cap” is not absolute (blog).

These figures translate into significant sums of money:

1. An employee earning $100,000 per year who is entitled to 18 months of reasonable notice could be owed $150,000 or more in total compensation.
2. This total includes not just base salary continuation, but also benefits, bonuses, and other entitlements.
3. The difference between accepting an employer’s initial offer and obtaining a properly assessed package can be tens of thousands of dollars.

Key Factors That Affect Severance

Courts in Canada determine reasonable notice on a case-by-case basis using what are known as the Bardal factors, named after the landmark 1960 decision in Bardal v The Globe & Mail Ltd. A termination pay lawyer will evaluate your situation against the following considerations:

• Age at termination: Older workers typically face greater difficulty finding comparable employment, which supports longer notice periods.
• Length of service: Employees with longer tenures are generally awarded more notice. A 20-year employee will usually receive substantially more than a 3-year employee.
• Character of employment: Senior managers, executives, and those in specialized roles tend to receive longer notice periods because comparable positions are harder to find.
• Availability of similar employment: Courts consider the state of the job market. Calgary’s economy, with its reliance on the energy sector, can affect this factor significantly.
• Employment contract terms: A valid termination clause may limit severance, but many are unenforceable if they fail to meet statutory minimums.
• Inducement: If you were recruited away from secure employment, courts may add additional notice to compensate for that risk.

Typical Severance Ranges

While every case is unique, the following ranges offer a general sense of what Alberta courts have awarded:

• Short-tenure employees (under 3 years): Approximately 1 to 5 months of total compensation.
• Mid-career employees (3 to 10 years): Approximately 3 to 12 months, depending on role and age.
• Long-tenure employees (10 to 20 years): Approximately 8 to 24 months, with senior roles trending toward the higher end.
• Senior executives (20+ years): Often 20 to 24 months, and in exceptional cases like Lischuk, beyond 24 months.

A severance package review lawyer can give you a precise assessment based on current case law and your individual circumstances.

Termination Packages in Calgary — What Employers Often Leave Out<

Employers in Calgary frequently present termination packages that appear comprehensive but fall short of the law. A severance pay lawyer in Calgary often identifies the following missing components:

1. Excluding bonuses and incentive compensation: If a bonus would have been earned during the reasonable notice period, it should generally be included in the severance calculation.
2. Imposing tight deadlines: Employers use short windows to pressure you. If you face a deadline, request an extension in writing — most employers will grant one.
3. Using overly broad releases: These can extinguish your right to file human rights complaints or claims for unpaid overtime.
4. Ignoring benefits continuation: A proper package should include health, dental, and insurance benefits during the notice period, or their cash equivalent.

How a Calgary Termination and Severance Pay Lawyer Helps

An experienced termination pay lawyer does more than review paperwork. TZ Law approaches each phase strategically:

Severance Package Review

During a wrongful dismissal or severance review, we:

• Review your written contract, offer letter, and any amendments.
• Examine total compensation including base salary, commissions, stock options, and RSUs.
• Calculate your entitlements under both the Government of Alberta’s←-plz make nofollow and open a new window standards and common law.
• Identify additional claims for unpaid wages or aggravated damages.

As a good starting point, please use our free Severance Calculator to see how much you may be entitled to based on your Bardal Factors: 

Negotiation and Settlement

If an offer is below your entitlement, a severance pay lawyer will initiate negotiations. Most disputes are resolved through a formal demand letter outlining the legal basis for a higher amount. Employers often settle to avoid the expense and risk of public litigation.

Litigation (If Needed)

If an employer refuses to offer fair termination and severance pay, we are prepared to take the matter to the Alberta Court of King’s Bench. We pursue every available remedy, including lost bonuses, benefits continuation, and the costs of the litigation itself.

Serving Calgary and Clients Across Alberta

TZ Law represents employees from Edmonton and Red Deer to Fort McMurray and Lethbridge. Whether your employer is a multinational energy company or a small business, we have the experience to protect your interests.

If you have been terminated or offered a package you are unsure about, do not sign anything until you have spoken with a severance package review lawyer. Contact TZ Law today for a confidential consultation.

Why choose us?