Termination, Severance, And Negotiation

Let Us Do the Negotiating and Collect Higher Rewards for You

For information on the topic of constructive dismissal.

Dismissed? Fired? Laid off? Have you been asked to accept/sign a severance offer? Wait, don’t sign! Our severance lawyer can help negotiate your severance package and analyze the specifics of your wrongful termination.

Despite what your employer may say, you have two years to claim your severance. But once you sign and accept the severance package, you cannot later claim additional severance under the common law. This could be many thousands of dollars.

Always have a severance lawyer review your severance offer before you sign.

Employers often leverage your stress of being let go to pay you less severance or termination pay than you are entitled to. Unfortunately, they often succeed because: 

  • You’re under pressure to take what seems generous 
  • You want to put this humiliating experience behind you
  • You’re worried about your references and don’t want to upset them further
  • The wording of your employment contract appears to be on their side

Paying you less than you are entitled to is wrong. It violates your rights and hampers your ability to transition smoothly into a new position. 

We’ll look at your wrongful termination case and clearly outline what you can expect. Employment contracts often contain things that are not enforceable. 

The difference to you can be many months of severance versus weeks. 

Depending on your situation, judges have the ability to award you even more than what the Employment Standards Act entitles you to. This is known as Common Law Severance Pay. You may also be awarded damages depending on your employer’s conduct.

Each situation is unique and a severance lawyer at Achkar Law is here to support you in all matters related to termination, severance, and negotiation. If you resigned because your job changed, click here to learn about constructive dismissal.

We have extensive experience successfully negotiating with employers and know exactly what to present to the court to get you the maximum award.

Scroll down and speak with our intake team today to learn about your situation and how we can help.

Are you an Employer? Click here to know your rights.

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FAQS

A reasonable severance package in Canada varies substantially based on the circumstances of the employee. While there are many factors which can contribute to the calculation of a reasonable package, there are common factors which are typically considered, known as the Bardal factors.

Employees can try to negotiate alone, but almost always, a lawyer can get them more. Seeking the advice of an experienced employment lawyer helps a dismissed employee understand whether the severance package they are offered is reasonable in comparison with what a judge will likely give them.

An employment lawyer is likely in the best position to assess the appropriate severance package of an employee who has been let go. A good lawyer will know how and when to negotiate, and when to initiate a Statement of Claim to get defendants to pay you through settlement or a court order.

Yes – having your employment terminated by your employer is the same as being fired or let go. A termination of employment is either with or without cause, which affects whether or not you are entitled to termination pay. Sometimes employers try to claim that a termination is for cause when it is not. Wrongful dismissal is when an employee is told they are in fact fired or dismissed.

As an employee, if your employment is terminated without cause – that is, through no fault of your own, you are entitled to termination pay, or common law reasonable notice or pay in lieu. If you are an employee and have been terminated, contact an experienced employment lawyer to help assess your case.

In Ontario, employers are able to dismiss an employee without reason – as long as the reason is not related to Human Rights. Employers have to provide the appropriate amount of notice or termination pay to the dismissed employee. The appropriate amount of notice will largely depend on the employment agreement if applicable, and if not, on common law reasonable notice.

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