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5 Things That Affect Your Severance and Notice Pay

Z Legal Litigation Lawyer | Toronto, Canada > News and Posts  > 5 Things That Affect Your Severance and Notice Pay

5 Things That Affect Your Severance and Notice Pay

Fired? Laid Off? “Downsized”?  Here are five things you need to know that can affect your Severance and Notice Pay.

  1. If you had a signed contract before you started working, what you can get may be limited by that contract.
    You remember that agreement that you quickly skimmed over before signing on to that dream job?  Well it may have limited what you’re entitled to once your position is terminated for any reason.  Depending on the wording in the contract, you may be limited to the minimums under the Employment Standards Act, which is FAR LESS than what you could otherwise potentially receive under Common Law notice.  But don’t give up hope, many contract clauses have been deemed invalid over the years.  Get your contract checked before assuming you may be out of luck!
  2. Your position, age, years of service and ability to find new work are all considered.
    How much should you get after you’re fired?  The answer is… it depends.  Your age, years of service, type of position you held as well as the current job market will all play a role.  If you’re unsure how much you should receive, or want a second opinion, speak with us free of charge.
  3. That contract you signed after you started working may not be enforceable.
    Some employers who forget to have you sign an agreement before you start working may ask you to sign a contract months or even years later.  It may not be enforceable!  If you didn’t receive any benefit for signing the new agreement, and it otherwise tries to limit your entitlement to notice or severance pay, then those limiting portions may be deemed invalid.
  4. I worked overtime all the time but never got paid for it.
    You can claim unpaid overtime even once you’ve been terminated.  Just keep in mind that “overtime” means something different from one job to another, so get your circumstances reviewed to see if you’re owed more than just notice and severance.
  5. I was fired “for cause”, can I still get anything?
    The answer is frequently yes.  Many employers improperly categorize terminations as being “for cause”, when in fact the termination is actually “without cause” from a legal standpoint.  If the employer categorizes the termination as “for cause” maliciously, that can lead to additional damages against them.

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