• D. Elmaleh & A. Rosenberg

Losing Your Job: 3 Common “Severance” Myths

We receive calls every day from non-unionized employees that have been dismissed from their jobs — one of the most challenging moments in a person’s life. We empower employees by advising them on their legal rights and entitlements on dismissal, and by negotiating the terms of their departure with their employer. Chief among the worries of dismissed employees are the following 3 common myths surrounding terminations:


MYTH #1: YOU ARE NOT FIREPROOF


Provincially-regulated employers in Ontario may terminate employees at any time subject to their compliance with applicable laws, including the common law, the Employment Standards Act, 2000, and the Human Rights Code.


MYTH #2: EMPLOYERS RARELY OFFER WHAT IS LEGALLY OWED ON TERMINATION


In our experience, severance packages offered to dismissed employees rarely match the employee’s proper legal entitlements. As a result, employees often must assert their legal rights in order to obtain what is legally owed to them.


MYTH #3: STOP WORRYING ABOUT THE EMPLOYER’S DEADLINE - YOU LIKELY CAN AND SHOULD GET MORE


This is by far the most common concern we hear. Employers typically provide a severance package to dismissed employees that is conditional on the employee’s quick acceptance and provision of a signed release within a short timeframe (usually 1-2 weeks). This deadline places pressure on the employee to make a difficult decision in a brief period of time. These deadlines are almost always extendable, and an employee’s legal rights and entitlements do not lapse after the employer’s deadline expires.


Before signing anything, let us review your severance offer. Email us at info@relawllp.ca to get in touch.


*The above information is intended as general introductory information only. It is not legal advice or other professional advice or an opinion of any kind. It should not be relied upon as such. RE-LAW LLP does not warrant or guarantee the quality, accuracy or completeness of any of the information above. This information is current as of the date of its publication, but should not be relied upon as accurate, timely or fit for any particular purpose.

© 2019 RE-LAW LLP

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