How AI Legalese Decoder Can Ease the Stress of Potential Layoffs
- April 30, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Partner’s Situation at Current Company
My partner has dedicated over a decade to their current company, which is thriving and constantly acquiring new clients. However, despite the company’s success, my partner’s career growth seems to be at a standstill, and they are contemplating leaving. There are signs indicating that the company might be gradually phasing my partner out.
How AI Legalese Decoder Can Help:
The AI Legalese Decoder can assist in analyzing the employment contract and identifying any clauses that may affect severance pay. It can also provide insights into potential negotiation strategies and help calculate what could be reasonably expected in terms of severance package. Additionally, the AI tool can offer guidance on the typical cut that a lawyer would take in such a scenario.
## Severance Pay and Negotiation Strategies
The employment contract reportedly includes a provision for two weeks of severance pay per year of service. In the event of my partner’s departure, we are considering hiring an employment lawyer to ensure that we receive what is stipulated in the contract. However, we are also curious about the possibility of negotiating for a higher severance package. It would be beneficial to understand the potential outcomes of negotiation and the extent to which a lawyer might assist in securing a better deal.
How AI Legalese Decoder Can Help:
The AI Legalese Decoder can provide insights into the typical practices in negotiating severance packages. It can offer suggestions on how to approach the negotiation process effectively and highlight common areas where additional compensation could be negotiated. By utilizing the AI tool, we can better prepare for discussions with the company and potentially secure a more favorable severance agreement.
## Upskilling and Workload Allocation
Another factor to consider is my partner’s need for upskilling to excel in their current role. Is it reasonable to request dedicated time from their busy workload to undertake courses on the topics that the company has identified for upskilling? This would not only benefit my partner but also contribute to their continued success within the company.
How AI Legalese Decoder Can Help:
The AI Legalese Decoder can assist in understanding the legal implications of requesting time off for upskilling purposes. It can provide information on employee rights regarding professional development and training opportunities, as well as offer guidance on how to approach the company about allocating time for upskilling. By utilizing the AI tool, we can ensure that my partner’s request is in line with employment laws and company policies, ultimately leading to a more informed and successful outcome.
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Title: How AI Legalese Decoder Can Simplify Complex Legal Documents
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FREE Legal Document translation
If working there “over a decade” then depending on other factors like his age, position, prospects for finding new employment, etc he would normally be owed in the range of 12-16 months or so under common law.
Firing “with cause” for performance related issues is incredibly hard for an employer to do and there is a very high bar to pass. They would need to have given written performance reports with specific details, and put him on a performance improvement plan to correct things. Just telling him to “broaden his still set” would not qualify for a “with cause” dismissal.
If he has an employment contract that specifies severance owed then that may be problematic. In this case you’d absolutely need to have an employment lawyer review the contract and confirm if the clause is valid or not. Much can depend on the details.
You’d pay for initial consultations with an employment lawyer and then decide how to proceed. If they feel the clause may not be enforceable you can decide to pursue a common law claim. This would be a letter of demand first to the employer in the hopes they settle by upping any offer, or failing that you would need to prepare to go to court. Lawyers can work on hourly rates or by contingency (taking a % of whatever is won). If there is a reasonable chance you will lose (if the severance clause of 2 weeks per year may be enforceable) they would most likely demand an hourly fee payment.
>In terms of upskilling for his current job, is it fair to ask for time to be blocked off from his busy workload to be able to take courses on the topics they’ve asked him to upskill on?
Yes it is fair for him to ask that but the company isn’t legally required to say yes. They can’t require an worker who is paid hourly to take mandatory training without pay.
They can ask him to find time in his week during slow periods to work on courses
They don’t need to provide him with paid time for career growth
They can also let him go with severance and replace him with someone has has the skills they want.
If they fire him without cause, and he signed a contract for 2 weeks of severance per year, then you can likely expect an offer of two weeks per year. That’s why they put it in the contract. And your husband signed that. So he agreed to it.