Trying to understand your termination offer? There’s some magic in the numbers.
If you’ve been given a severance package and you’re wondering if the offer is fair, there are a few easy things to check:
1) Does the offer have more than a week for acceptance or advise you to seek independent legal advice? These suggest that employer may have some confidence (rightfully or wrongfully) in their offer;
2) Does the offer purport to be salary continuance? The Employment Standards Act (ESA) requires lump sum payments on termination; and
3) Is the notice period 8-weeks or 34-weeks? These are ESA maximum entitlements which would indicate that your common-law notice could be much higher and in addition to these amounts.
These are flags that you should consult a lawyer.
If you’ve signed offers like this in the past, don’t feel bad. We believe that no one who isn’t an employment lawyer can properly assess the notice period at common-law. So get excellent advice from someone who has seen it all.