Trusted by 1000+ clients
Most employees assume a temporary layoff is just part of doing business. In Alberta, it often isn’t. Unless your contract specifically authorizes a temporary layoff, you may be entitled to treat it as a termination — and claim full severance. Send us your layoff letter for a confidential review.
Alberta’s Employment Standards Code sets out a narrow framework for temporary layoffs: generally, a layoff cannot exceed 90 days within a 120-day period. Once that window closes, the layoff converts to a termination by statute — and your employer owes you severance under both the ESC and the common law. But the 90-day rule is only the beginning. Many layoffs can be treated as a termination long before that clock runs out.
Even a short layoff can be a wrongful termination at common law if your employment contract does not expressly authorize it. Most contracts in Calgary do not. Courts have consistently held that an employer has no free-standing right to lay off an employee — the right must be spelled out in writing. If it isn’t, the layoff is a fundamental breach of your contract the moment it begins. Calgary workers in energy and oilfield services, construction, hospitality, and logistics are among those most frequently affected.
A ‘temporary layoff’ in Alberta isn’t always legal — and it isn’t always temporary. If your contract doesn’t authorize it, you may already be entitled to full severance. Get legal advice before you do anything else.
our services
Workplace challenges can be difficult to navigate alone. Our firm is committed to helping employees understand their rights and find the right path forward.
When your employer imposes a layoff without contractual authority, you have the right to treat it as a wrongful termination and claim full severance. We start by reviewing your contract — the single most important document in your file. In most cases, the contract says nothing about layoffs. That silence is your leverage.
We then send a formal demand for common-law severance calculated on the Bardal factors — including all bonuses, benefits, and pension contributions that would have continued through a proper notice period. You are entitled to take a reasonable amount of time to assess your situation before taking a legal position. Use that time wisely: get advice early.
testimonials
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.
Employment Law Advocates made a stressful situation so much easier to navigate. Their team was responsive, knowledgeable, and fought hard to secure the outcome I deserved.
Employment Law Advocates made a stressful situation so much easier to navigate. Their team was responsive, knowledgeable, and fought hard to secure the outcome I deserved.
We work with employees from all backgrounds who need trusted legal guidance during difficult workplace situations, including severance package reviews and wrongful dismissal claims.
100%
