Recent Job Loss? Make Sure Your Legal Entitlements are Met…
Did you know that employers often offer employees less in severance monies than they’re legally entitled to? The relationship between an employer and an employee is contractual and is also governed by province-specific employment legislation, so when your employer terminates your employment without cause, you’re typically entitled to notice or severance monies in lieu of notice.
99% of the time, when your employment is terminated without cause, your employer will choose to provide you with a severance offer rather than give you notice of termination. Before you accept an employer’s severance offer, it’s essential that you meet with an Alberta Employment Lawyer to determine whether your employer’s severance offer is in line with what the law entitles you to.
If you agree to a severance offer that’s less than what you’re legally entitled to, you enter into a binding agreement with your employer that is very difficult to get out of, regardless of what Employment Standards and other Alberta employment laws say that you should receive. That’s why it’s imperative to discuss your severance offer with an Alberta Employment Lawyer before putting pen to paper and signing something that’s less than what you deserve.
Your former employer will likely require you to sign a release before they pay you any severance monies. Even if you’re satisfied with your employer’s severance offer, it’s recommended that you have an employment lawyer review any release before signing it, as the release could contain terms that unfavourably limit your rights in the future.
Considering a New Employer or Job Position?
Did you know that when you sign a new employment agreement, even with the same employer, you’re entering into a legally binding contract? Employers typically hire experienced employment lawyers to draft comprehensive employment agreements that may be favourable to their own interests. That’s why it’s worth seeking an employment lawyer’s advice on how the wording of your prospective employment agreement affects your legal rights.
While you may think that you’re willing to accept a job regardless of what the employment contract says, obtaining a formal legal opinion before signing any employment agreement is worthwhile, as the contract could impact your rights even after you leave your job position down the road. Employment agreements may restrict your ability to work for a competitor in the future, open a business of your own in the same field, and limit your rights to any creative efforts that you undertake during your period of employment, even outside of work hours.