Severance Packages
In most cases, an employer is allowed to terminate or fire an employee. The employer generally does not need to have a good reason to terminate. When the employee is terminated, the employer needs to provide that individual with either advance notice or payment, or sometimes both. This is often referred to as reasonable notice or severance.
Most employees don’t know how much they are entitled to upon termination, and accept less than they should. If you have been terminated, it is essential to meet with an employment lawyer before you sign anything. You may be entitled to much more than the employer provides in its initial offer.
The experienced, strategic, and knowledgeable employment lawyers at Rousseau Mazzuca LLP routinely guide employees through the termination process. Our goal is to help our clients understand their options, and protect their rights while avoiding prolonged legal disputes. We have many years of focused experienced assisting clients in numerous industries and sectors.
IMPORTANT FACTORS TO CONSIDER IN TERMINATIONS
Employers and employees often disagree over how much notice or pay is fair. There are certain minimums that may apply, such as those in the Employment Standards Act, 2000. Most employees, however, are entitled to much more than these minimum amounts. There is no limit on the amount of notice of termination to which an employee is entitled. A fair severance period is often up to two years long.
The length of severance or notice is not the only issue. Employees may be entitled to bonuses, commissions, benefits, and stock options as well.
Determining what impact, if any, there will be on the severance package when and if the employee finds a new job is also important.
Of course, where an employee has engaged in serious misconduct, such as stealing from the employer, the employer generally is not obliged to provide any notice of termination or severance. Often, the employer claims the employee behaved badly and withholds all payments. Employees are always allowed to challenge whether or not there was “just cause” for dismissal. Determining whether there was just cause sometimes turns on whether there actually was any misconduct. Sometimes, the question turns on whether the misconduct was serious enough to justify dismissal.
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