Severance Negotiations

Breathe Easy, We’ve Got This

Severance Package Negotiations

Receiving a termination notice can leave employees feeling shocked and overwhelmed. While this response is completely normal, it shouldn’t prevent you from claiming all your entitlements as a terminated employee. Effective severance negotiation is key to ensuring you receive fair compensation, but navigating the complexities of employment law can be daunting. Unfortunately, many employers may rely on your lack of knowledge to shortchange you.

That’s why it’s essential to seek legal advice promptly. Don’t let unreasonable deadlines pressure you into making rash decisions, as these timelines are often unenforceable. Before signing any severance package release, ensure that a lawyer has thoroughly reviewed your documents.

Calculating Severance

  • Several elements influence severance package negotiations beyond the minimum established by law.
  • Ontario employment lawyers understand the subjective conditions that can affect your severance and can help maximize its value.

Signing The Severance Package Release

  • If you’ve lost your job, refrain from signing the termination letter or severance package until one of our Ontario employment lawyers reviews the documents.
  • Once signed, these documents are legally binding and could waive your right to pursue further claims against your employer.
  • At a minimum, ensure your lawyer verifies that you’ve received all your entitled compensation.

Fired Without Severance

  • Every terminated employee in Canada is entitled to minimum notice and severance, varying by province and based on length of service and employer size.
  • The only legitimate reason for being fired without notice or severance is for-cause dismissal, which requires proof of willful misconduct.
  • Employers must meet a high burden of proof in such cases; seek legal advice if this applies to you.

Contract Workers & Severance

  • Employers can no longer classify contract workers as “independent contractors” if they perform tasks akin to regular employees.
  • The law protects dependent contractors, granting them rights and entitlements similar to those of employees, including fair notice and termination.
  • If you were let go without a severance package, allegedly due to your contractor status, it’s essential to seek expert advice on severance negotiation and employment law.

Bankruptcy & Severance Pay

  • Financial difficulties can lead to layoffs, insolvency, and even bankruptcy. In Ontario, the Employment Standards Act (ESA) and the Bankruptcy and Insolvency Act (BIA) intersect to protect employees’ rights.
  • Understand your entitlements regarding unpaid wages, severance pay, and vacation pay when an employer becomes insolvent or files for bankruptcy. Effective severance negotiation is crucial in these situations to ensure you receive the compensation you’re owed.

We Can Help

At Lecker & Associates, we are dedicated to protecting your rights as an employee. Navigating severance negotiations can be complex, and having an experienced Toronto employment lawyer by your side can make all the difference. Our team will work diligently to assess your situation, ensuring you understand your entitlements and options.

Whether you are facing an unexpected termination, negotiating a severance package, or dealing with unfair dismissal, we provide personalized legal support tailored to your unique circumstances. We will help you maximize your severance benefits, ensuring you receive the compensation you deserve.

Don’t navigate this challenging time alone.

Ontario Employee Rights - Our Focus:

At Leckers Law, we exclusively represent employees. We understand the power imbalance that often exists in employment relationships and are dedicated to levelling the playing field. Our lawyers are passionate about advocating for your rights and ensuring you receive the fair treatment you deserve.

FAQ Image

FAQs

If you receive a severance package, do not sign it immediately. Take the time to review the terms and seek legal advice to ensure you understand your rights and entitlements. An experienced employment lawyer can help you assess whether the offer is fair and if you should negotiate for better terms

Severance pay is determined by several factors, including your length of employment, age, position, and the circumstances surrounding your termination. While the law outlines minimum requirements, there may be additional entitlements based on your specific situation. Consulting with a lawyer can help clarify your potential severance amount.

Yes, you can negotiate your severance package. Many employers expect negotiations, and having an employment lawyer can help you advocate for a more favourable outcome. Our legal team can assist you in understanding your worth and formulating a strategy to maximize your compensation.

Signing a severance package release typically means you waive your right to pursue any further claims against your employer. It is crucial to have a lawyer review the document before signing to ensure you are not giving up any entitlements or rights you may have.

In Canada, all employees are entitled to minimum notice and severance pay, except in cases of for-cause dismissal. If you believe you were terminated without proper notice or severance, it is essential to seek legal advice. Our team can help you understand your rights and explore your options for recourse.

Reputation Matters