Have you been wrongfully dismissed? Do Not Sign Anything Until You Speak With a Lawyer!
You have been terminated from your job and received a severance package. Your former employer has offered you a payment in exchange for signing a Release. In these circumstances, you may find yourself asking: am I getting what I’m lawfully entitled to? Is it worth it to ask for more? Do I need to sign a Release? What does that mean? What do I get if I don’t sign and how much am I potentially leaving on the table if I do? All of these are questions that you likely have or should have before agreeing to sign or accept anything. The fact is that it is rare that your former employer’s first offer will be reasonable – and more likely than not it will be only marginally greater than statutory payments which you will be entitled to at a minimum without having to sign a Release. Did your former employer indicate exactly what you will be getting if you don’t sign back the severance offer? If not, this is usually a telltale indicator that the package they’re offering is unreasonable! Your employer may suggest that your entitlements upon dismissal are limited by the terms of your employment agreement. However, the reality is that the majority of employment agreements will not be legally enforceable, even if they contain termination provisions attempting to restrict your entitlements upon dismissal. This means that your legal entitlements will usually be greater than the amounts offered by your former employer, and in many cases, they will be significantly greater. Please note that every case is different – there is no chart, database, or “severance calculator” that can accurately predict what a Court would ultimately award you. If it were only that simple there would be no need for lawyers. We would be pleased to review your package to give you our legal opinion in respect of what you may be entitled to and assist in responding to all of your questions. Please call or email to schedule a free 30-minute consultation.