Termination, Severance, And Negotiation

Termination of employment is never an easy experience. If you are an employee who was laid off or whose employment was terminated, employers will try to give you less than you are entitled, and ask you to sign a ‘release’. Do not sign any documents before consulting an employment lawyer. As a firm that focuses on Employment Law, we help you protect your rights and collect higher awards from your employer.

When calculating what you are owed when your employment is terminated, the Supreme Court of Canada recognized a list of factors (known as the Bardal factors) to determine the length of your notice period or how much the employer owes you for payment in lieu of notice:

  • Your age;
  • Your position (or character of employment);
  • Years of service in that position; and
  • Availability of similar employment.

Note: this list is not exhaustive. This means a court will consider other factors when determining what the appropriate notice period is for your case.

Employment lawyers know how to negotiate with the opposite side and understand what to present to the court to get you a higher award for your employment termination.

In the event that you are dismissed, fired, laid off, or your employment is terminated, and you want to see how we can help, contact us today.

Severance

A severance pay is different than the termination notice or the pay in lieu of notice when termination occurs.

An employee is entitled to severance pay only when they have been employed by their employer for five years and above, and if the employer has a payroll of $2.5 million or if the employer terminated 50 employees and above in a six months period because of the business or part of it being permanently shut down.

Whether you qualify for severance pay or not, you may be entitled to termination notice or pay in lieu of, so even if you have been employed for less than five years or your employer is a small company with less than $2.5 million.

If you are an employer or an employee and have questions or want to see how we can help, contact us today by calling 1-800-771-7882, email [email protected], or fill out the form below.