I’ve been fired — should I consult a lawyer?

Q: I’ve just been fired. Is it worth it to meet with a lawyer? Won’t I just end up with less after paying legal fees?

A: In my experience, employers typically offer less (sometimes far less) than an employee is entitled to upon termination. There are several reasons for this — the employer may want to leave room to negotiate. Keep in mind that the common law notice period is a range and so there is room for negotiation. But the primary reason why I suspect most employers offer less than an employee is entitled to is because they know that a significant number of employees will never consult with a lawyer or pursue a fair package.

Many lawyers will act for employees on a contingency fee basis, meaning that they will take a percentage of any amount they obtain for the employee in excess of the amount initially offered. In these situations, employees have little to lose in meeting with a lawyer and potentially a significant upside.

Let me give a brief example. Recently, I was involved in a termination where an eight-year labourer was fired. That employee’s ESA entitled was eight weeks’ termination pay (the employer was not a severance employer). They were offered 12 weeks in exchange for a release, and believed this was reasonable. Under the common law, however, the employee would be entitled to somewhere in the range of five to eight months’ pay (subject to their ability to secure new employment). It pays to know your rights before you sign a release.

This article was originally published in The Hamilton Spectator.