- April 23, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation Overview
Today, I received notice of termination from my long-time position within the company. Throughout my tenure, I have primarily been involved in the development of their subsidiary. According to my boss, the company is undergoing payroll reductions, leading to my transition to becoming a full-time employee of the subsidiary.
## Offer Consideration
Simultaneous to my termination, I was presented with a job offer from the subsidiary. This offer aligns with my current role, compensation, and benefits. Before finalizing my decision, I am seeking advice on potential external factors that may impact this transition.
AI Legalese Decoder can assist in deciphering the legal jargon of the termination letter and new contract, ensuring clarity in understanding potential implications and obligations. This tool can help identify any hidden clauses or legal nuances that may affect the terms of your employment with the subsidiary. By utilizing AI Legalese Decoder, you can make informed decisions regarding your new contract and transition to a full-time role within the subsidiary.
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I’m not an expert in this kind of thing, but years worked at a company matters for certain things especially severance. So if you get let go in 2 years your severance can be based on 2 years work totally ignoring all your previous tenure.
Years of service and vacation is the worry here, check that and if it’s on the up and up you’re good to go, otherwise negotiate to keep your years of service in order to get your vacation, or negotiate for extra vacation with the new contract if it’s a brand new job offer.
Are they honouring your years of service with the subsidiary? Because then it’s an inter company transfer. But if not then technically they owe you severance and it would be mitigated. But given you have a new opportunity. But the stat amounts would still apply.
We did this at my company. Moved people from one company to another. To be fair they need to carry forward your years of service in the new role. Or pay severance on the previous role.
Talk to a lawyer. Something doesn’t feel right.
Recognition of years of service is the big one. Are you being paid out accumulated vacation, or is it transferring.
I’ve put a number of people through the reverse when my company bought theirs out. In these situations, we pay out vacation, but will recognize years of service for RRSP matching, vacation increases, and long service awards. And of course severance if it comes to that.
Some people also take it as an opportunity to negotiate for more vacation or increased pay. No guarantees, but rarely hurts to try (though it technically can if they just decide to fire you.)
Sounds to me like they’re trying to avoid paying you severance by tempting you with a convenient offer of not having to job hunt.
Just be aware that you are losing your seniority. And possible your accrued vacation weeks as well. If keeping those arent mentioned in the contract negotiate for it to be added.
You should also be entitled to severance pay. Don’t let them get off with not giving you it.