Termination of Employment

Being let go? Consulting an employment lawyer is probably a good idea

If you’ve recently been let go, then you’re understandably going through a lot of mixed emotions. It can be a stressful, confusing, and uncertain time, and you will likely have a lot of questions about your rights, and the process moving forward.

Despite those emotions, it’s important to make sure that you know your legal rights before you sign any documentation or accept any offer from your former employer. Depending on the circumstances, you could be leaving a lot on the table if you accept any termination of employment package without first getting legal advice.

For example, the Employment Standards Act provides the minimum amount of pay in lieu of notice an employee is entitled to when their employment is terminated. The usual maximum amount of notice under the ESA (in many circumstances) is 8 weeks. However, there is also something called “common law pay in lieu of notice”, which could entitle you to much more notice pay depending on your individual circumstances. A lawyer will be able to tell you whether you’d be entitled to common law pay in lieu of notice based on your employment contract and can even give you a range of what kind of common law pay in lieu of notice you could be entitled to.

There are also a number of other circumstances a lawyer can help you consider: are there are any grounds for a Human Rights Code-based claim? Does your employment contract provide for anything more than what you have been offered? Have you been treated properly throughout the employment termination process? Are there any non-monetary incentives that can be negotiated (such as a skill-based reference letter)?

As we’ve also already alluded to, being let go can be a highly emotional and life-altering event. Retaining and/or consulting a lawyer can help alleviate some of the emotional aspect of the circumstances by providing you with clear and practical advice on your path forward. A lawyer can also help negotiate are solution on your behalf or even proceed to litigation if necessary.

The lawyers at Carroll Heyd Chown LLP have extensive experience with wrongful dismissal claims,discrimination claims, and general employment contract review. If you have been let go, contact us for aconsultation to know more about your rights moving forward.