- April 21, 2024
- Posted by: legaleseblogger
- Category: Related News
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# Situation: Termination without Cause
Hello everyone,
I was let go today by my employer without cause. I haven’t spoken with any employment lawyers yet but I want to get an opinion here first before I sign anything.
## Severance Details:
– I will receive pay until April 15th (the day I got laid off) as well as anything outstanding amounts owed to me.
– I will receive 2 weeks of termination pay (Ontario Employment Act)
– I will receive a lump payment of approximately 4 weeks if I sign the papers.
### Factors:
– Location: I live in Toronto but the company is based in Edmonton and has an office in Toronto. I don’t typically go to the office
– Company: SaaS
– Age: 27
– Salary: $110,000 pre-tax
– Length of service: 2 1/2 years
– Experience: I have been working as an engineer for about 6 years now.
AI Legalese Decoder can help navigate through the complex legal jargon and provide you with a clear understanding of your rights and options in this situation. It can assist in interpreting the legal terms and implications of the severance package offered by your employer, ensuring that you make informed decisions before signing any agreements. Additionally, AI Legalese Decoder can provide guidance on potential negotiation strategies and help you determine if the severance package aligns with employment laws and regulations in your jurisdiction.
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Pretty meh. You can probably ask for another week or 2 but it depends on whats happening with their company. Are they closing shop? You’re probably not gonna get much more than that if they can’t pay for more.
Certainly seen better, but also a LOT worse… personally I’d take it and leave on the most amicable terms possible.
Middle of the road. You have 6 weeks, an above average offer is 8 weeks. You could try asking for another 2 weeks with a good argument and see if they give it to you.
You alone know your negotiating position with them, if you do not have much leverage you can try to tell them you will sign immediately for 1 extra week.
Good luck.
Sorry to hear, I got laid off on April 4th as well.
I will receive 2 weeks + 3 weeks lump sump for 1.4 years of service.
Apply for EI asap.
Enjoy few weeks of “paid vacation” and then job hunt.
Don’t forget about any owed vacation and for the notice time you want 4% .. ensure that employee benefits terminate only May 1 or June and don’t forget to use them.. it’s going to take you time to get a job and you might need stuff..if you don’t ask you won’t get.. this is their opening offer.. there is more you just need to figure out how much more you can get .. benefits are easy they likely have already been paid for this month
They are operating in Ontario so they abide by ON laws. Common law says that you should get about 1 month per year worked of [average base + average bonus]. Try to negotiate for that on your own, if you get it then it’s fair but not amazing. If you want to be ambitious you can ask for [base + bonus + value of extras such as health benefits, pension etc]. If extra ambitious, add an extra $10k on top of that.
If it doesn’t work, use one of those employment lawyers who take 30% of any incremental amount they get for you. Paying hourly at ~$500/hr doesn’t make sense when you’re looking for a few extra weeks. At minimum take a few lawyer meetings where they review for free and tell you what they think you should get as part of their pitch.
Sorry to hear about your job. Good luck with the negotiation!
Not a good offer. Don’t sign. Talk to lawyer.
Call an employment lawyer, last one I consulted said he’s usually able to get a month per year of service.
It’s a negotiation, don’t sign anything, but also don’t expect anything massive.
Hey.
Similar situation about a few weeks ago.
They offered 5 weeks severance and I just went with it since they would not budge.
For 2.5 years, it’s ok. I also asked my situation with my HR friends and a family friend who’s a retired VP of HR for a big company.
From the responses on my previous post, if you ask for more, they might take a while to respond and it can prolong you receiving the severance and your EI.
This hugely hugely hugely depends on your employment contract. Do a free consult with an employment lawyer to see whether it’s worth pursuing. They should be able to have a quick look at your contract and let you know.
The Coles’ notes version is that the provincial act specifying a notice period is a *minimum* for the purposes of employment contracts. If your contract doesn’t say anything about termination notice periods, then you may be entitled to *common law* severance which could be much longer than what they’re offering you. Conversely, your employment contract might limit your notice period to less than common law, but the employer has to draft it very very carefully or else it will be invalid and then you still get common law.
I am not your lawyer. This is not intended to provide you with legal advice for your situation. I highly recommend you consult an employment lawyer.
3 months is pretty standard for you to negotiate
Never accept the first offer
It’s not adequate. You can try to negotiate more on your own, or an employment lawyer can do it for you but with a fee. Use an online severance calculator to see what you’re owed.
It’s OK. You could maybe ask for an additional two weeks of pay. Sorry about the job loss, hopefully you bounce back quickly.
https://www.severancepaycalculator.com use this calculator, I would push for 10 weeks, but seek legal advice.
You should probably ask for a couple more weeks of pay. But always run these by a lawyer before signing anything. There’s big money at stake, and a few hundred dollars for an hour or two of legal advice is well worth it.
It’s not great, I’d ask for more. Like 10 weeks.
Based on these numbers, an employment lawyer should be able to get you 3-4 months. I would pay one by the hour. You could have them ghost-write letter for you to negotiate directly with your employer. This should not require more than 1-2 hours of their time, and could save you from having to pay 30% of your severance.
Common law standard in Ontario is a month a year so six years, six months. Offer seems low but you might have to wait and fight it out to get that amount as it would be a judge who would order that in a lawsuit. Maybe negottiate a higher figure and see if they will offer more or use an employment lawyer, the amount seems closer to the employment standards act bu which the bare legal minimum. seems on the low side, would not sign anything without consulting a lawyer, many work on contingency, and their fees are tax deducible fwiw.
8 weeks pay in lieu of notice???
Not a good offer. Don’t sign, file a complaint with ontario labour board.