This is not legal advice; if you have any legal questions specific to the situation, please contact your Lawyer.
There is a big misconception that when you are being terminated from a job, if an employer pays you 1 week, 2 weeks, 3 weeks, or 4 weeks of pay for per 1 year of work for severance, many people think that the company has met their obligation. However, that is not the case. There is no fit formula. The obligations that an employer has when terminating an employee is based on three factors: your age, your position, and the length of your employment. The longer you work, the older you are, and the more senior the position you hold, the greater that your severance pay should be.
An important recommendation for an employee being terminated is, “Do not sign the release letter or severance letter that organization wants you to sign,” because it will contain a deadline for your severance pay. Keep in mind that your legal rights do not end up until 2 years after termination. The employer may use all kinds of pressure tactics to scare you by giving the limitations period to sign the letter. But remember, by signing the letter without consulting your lawyer, you may be stuck and might be leaving thousands of dollars of compensation with your employer. Thus, it is important to consult an experienced employment lawyer before signing any such documents.
Another issue that many employees face that would trigger the need to hire an employment lawyer is if you ever get a negative performance review or get disciplined and you don’t agree with it, then you have to clearly say that you don’t agree with it, don’t just accept it. If you are silent about it, it means that you agree with it. It is important to consult with an employment lawyer so that he/she can review your reasons as to why you do not agree with the employer. It is important to tell your employer why you do not agree with the negative review or discipline. If your employer does give you negative review or disciplines you, then it means that he/she is making a case against you. An employment lawyer will help to fight your case and protect your interests.
Typically, many employees are misclassified as an independent contractor, but it doesn’t matter what the company says; when the company lets you go, you can pursue your severance package. An example is a plumber who goes to people’s homes to do work and comes back, then he is an independent contractor, but if he would go to do work and would clock-in and clock-out to take lunch breaks or other breaks and has been doing this for years, then he is not an independent contractor. Someone who is not an independent contractor is entitled to a severance package.
If you are being or have been terminated from your job, contact our firm, to speak with one of our experienced employment lawyers in Mississauga/GTA. We will help you understand your rights and will ensure to do everything we can to protect your interest.
Minhas Lawyers LLP is a multi-practice law firm based in Mississauga. We advise and represent clients across various segments and practice areas.
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