Severance disputes should take weeks, not months. Not years.
There, I said it.
We’ve gotten so comfortable dragging these out. I’m a labor and employment lawyer in Alberta, and I see this on the daily. Most severance files are simple math disguised as conflict.
Truthfully, most wrongful dismissal cases end up settling anyway, and when both sides engage collaboratively, it can be wrapped up in a few weeks. Yet, the same dispute often stretches into months and years when parties dig in. Before you know it, legal fees have climbed up. $15,000. $50,000. $100,000 per side.
Now look at what we’re actually fighting about. Four months’ pay or eight? Eight months or twelve? That’s literally it.
We’re routinely spending tens of thousands of dollars arguing over a difference that could have been closed in one serious legitimate conversation.
What slows these files down?
Procedural delay aside, these cases are often slowed down by human behavior. Employers who push ‘just cause’ arguments that simply don’t hold up. Employees walking in with numbers suggested by their empathetic AI ‘friend’. This expectation gap kills momentum even before it starts. Often, lawyers will escalate things too quickly. Formal letters turn into threats, threats turn into pleadings and now everyone’s too committed to the fight to back off.
What fast resolution actually looks like
Fast resolution has a pattern if you pay attention to the lawyers who’re super efficient with settling matters. I have my own system of doing this and it’s honestly quite uncomplicated:
Week one is a reality check. A real range based on role, service, age and market. Not wishful thinking.
Week two is a credible offer. Not a throwaway number. Something that signals to the other side that I have a genuine understanding of the strengths and weaknesses of the case before me.
Week three is information exchange. Bonus structures, mitigation efforts, benefits. It’s clean, it’s direct and it gets the job done.
By week four, I’m already working towards resolution. Most disputes live and die in the last ten percent. That gap has very little to do with legal principles, and more to do with human psychology.
A pattern you’ll recognize
Mid-level manager. Seven years of service. Employer offers eight weeks. Common law range sits between about 5-8 months all things considered.
One version of this file turns into a full fight. Cause gets alleged, then dropped. A claim gets filed. Discoveries get scheduled. This matter settles 2 years into litigation at 6 months, plus a little chunk in for legal costs.
The other version resolves in under 4 weeks. Same facts. Same law. Slightly better opening offer, clearer framing and less threats.
What a world of difference, eh?
I always ask my clients whether they’re looking for a fight grounded in their ethics and moral principles, or whether they’re hoping for resolution in the form of financial compensation. Most say they want a bit of both—and that’s the sweet spot I specialize in.
Because every severance dispute has a tipping point. The moment your legal fees start eating the value of your claim, the fight has stopped making sense.
In Alberta, as with most other provinces, the limitation period kicks in 2 years after the cause of action arose. Having 2 years to sue someone after they wronged you gives people a false sense of comfort. It invites delays. Delay shrinks the pie.
Speed, on the other hand, preserves value. You’re able to focus on resolution rather than spending energy doggedly guarding your position.
I know most people don’t love hearing this, but if your severance dispute is still going after 60-90 days, something else may have taken over. Hint: it’s not the notice period, folks.
It’s ego. It’s someone feeling like they need to “win”. Sadly, that’s when files get expensive. And completely avoidable.