What is the importance of a severance package?

A person’s job represents something so fundamental to their day-to-day life and sense of purpose that if they are let go from their place of employment it naturally leaves them in a position of uncertainty about what lies ahead.  The first step for most who have their employment terminated without cause is to assess the severance package that their employer has offered them.  Many websites offer a “severance pay calculator” tool, which can provide some help to people by providing some guidance. However, these tools fail to consider a number of key factors and nuances in a severance package assessment.

How can employment lawyers help assess severance package?

Employment lawyers can assess a person’s severance package and determine whether it is fair through a few key steps.  First, the lawyer will look at the person’s written employment contract, if applicable, to determine if the contract states what that person is entitled to if they are let go.  In reviewing the contract, lawyers will not only be looking to see if the contract specifies what the person is entitled to, but a good lawyer will also be able to determine if the language in the contract is legally enforceable.

How do severance pay calculators work?

If the person does not have a written employment contract, if the contract does not specify the person’s entitlements upon termination, or if the contract’s language is unenforceable, then a severance pay calculator can be useful in assessing what sort of severance package a person is entitled to. Courts use factors such as the person’s length of service with that employer, their current age and type of work that they performed to determine the appropriate severance package for that individual.  Our firm’s severance pay calculator uses these same factors plus a few other specific factors to predict what a fair severance package in Ontario would be for an individual based on past similar court decisions. Unfortunately, no tool yet can assess if your contract’s language is unenforceable or other potential clauses in your contract. Only an experienced employment lawyer can do that.

How can Whitten & Lublin assist with severance package assessments?

If you have recently been let go from your employment position and are unsure about your severance package entitlements we encourage you to seek legal advice to better understand your rights beyond what a severance calculator may initially indicate.  We at Whitten & Lublin are happy to provide insight and advice into your specific circumstances. If you are looking for employment lawyers and would like more information about what Whitten & Lublin can do for you, please contact us online or by phone at (416) 640-2667 today.

Author – Nasyr Asmi