Severance Packages Lawyers in Toronto
Severance Packages Lawyers in Toronto
Am I entitled to severance pay?
Unless you are terminated “for cause” which is regarded as the “capital punishment” of employment law, you are entitled to a severance package. Even if your employer alleges that there was cause to terminate your employment without a severance, rarely is the high standard required to back this position up met. In other words, you may still be entitled to a severance despite your employer saying there was cause to terminate.
Termination for cause is where your employer alleges that you have screwed up so significantly that you have effectively “repudiated” your employment agreement. In many cases, it happens after a period of progressive discipline or following the unsuccessful completion of a performance improvement plan.
Top 5 Severance Package Myths Debunked
There are numerous labels for a severance package including termination or pay in lieu of notice, severance, severance package, exit strategy, layoff package or simply a “package”. If you have been dismissed without cause, you will usually be provided with a written termination letter setting out a proposal that the employer is prepared to pay, in exchange for a signed release.
Alternatively, your employer may take the position that there is an enforceable severance provision in your contract of employment that limits your entitlement. The good news is that often times these contractual severance provisions are not enforceable and we are expert in finding ways to set them aside.
We have represented countless clients whose employers did not offer fair severance packages. In many of these cases, employers offered a less than a reasonable amount based on the assumption that many of their employees will just accept whatever they are offered – happy to get anything at all. Don’t become one of these statistics. Call Whitten & Lublin’s Lawyers and let us help you get the severance you are entitled to.
How we can help you
Employers don’t usually make their first offer their best offer. If you were terminated with or without severance you should meet with our lawyers, each of whom have reviewed thousands of severance packages and are adept at negotiating various improvements. We have argued, and won, many wrongful dismissal judgments, especially for severance pay in Canada and we have handled thousands of wrongful dismissal lawsuits. Call us, we assist employees with typical severance packages, standard or common severance packages, executive severance packages, voluntary severance, and all forms of severance package negotiations. We do not just advise employees regarding severance packages in Ontario, we advise employees across the country.
Whitten & Lublin Employment lawyers will review and provide expertise and advice before you sign off on any termination document or severance package. We can ensure that the deal being offered is reasonable or fair, or, if not, we will fight on your behalf to ensure you are offered an improved package – don’t settle for less; call us before signing off on your deal.
Factors considered in the assessment of severance
There are numerous factors that go into assessing what is a fair amount of severance. The most common are:
- Type of job you performed;
- Availability of other comparable employment opportunities; and
- Relevant precedents (comparable cases disputed in the courts).
Our Severance Pay Calculator can assist you in determining an estimate for your severance, but this does not replace the need to speak with a lawyer directly.
Read our employment law articles about severance packages for more information or read about severance pay in Ontario cities near you:
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