How long do I have to review my severance package when I have been terminated?

This article was originally published by The Hamilton Spectator.

Q: I’ve been terminated and offered a package with a deadline. I don’t think the package is right for me, but I am worried that I don’t have time to review it with an employment lawyer. What do I do?

A: Deadlines imposed by an employer are often totally arbitrary. If you are a worker or dependant contractor who has been terminated, you have a right to get legal advice and to attempt to negotiate a severance that accounts for your individual circumstances, in accordance with the common law, not just minimum employment standards.

Written employment contracts are often unenforceable, and your individual circumstances really do matter.

As for the packages themselves, they are often open to negotiation, and it is really worth discussing provisions that may cut down the severance amount based on new employment you may find and how that’s defined.

Workers who have been wrongfully dismissed generally have up to 2 years from the date of notice of dismissal to sue, so you often have time. Don’t get pushed around or sign away your rights without getting legal advice. Having said that, you should still seek employment law advice as soon as possible and let the employer know that you need more time if necessary.

If you’ve been terminated and need employment law advice, contact me without delay.

NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Ross & McBride professionals will be pleased to discuss resolutions to specific legal concerns you may have.