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Employment law firm in Toronto

Employment Lawyer Toronto

Toronto Employment Lawyer

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Should I Negotiate My Own Severance Package in a Wrongful Dismissal Claim?

November 14, 2023 By Articles

In Ontario, an employee can choose to negotiate a severance package after a termination of their employment, either independently on their own or with the help of an experienced employment lawyer in Toronto. However, if you are an employee facing a wrongful dismissal, it is generally advisable to have an experienced employment lawyer assist you to negotiate severance package with your former employer.

What is the Purpose of a Severance Package?

The main reason an employer will offer a terminated employee with a severance package is to attempt settle any legal claims or entitlements the employee have against the company, such as suing it for wrongful dismissal, constructive dismissal, or discrimination. This is the most important objective for most employers, especially since many employees are not even aware that they have legal rights to file lawsuits against their employer. To avoid being sued by the employee, the employer will generally offer a severance package with what appears an attractive financial payment (although it is usually a low-ball offer), in exchange for the employee signing a “legal release” where they agree to give up any legal right to sue the employer. If you find yourself an employee in that position, it is crucial to consult with an experienced employment lawyer before you sign any document requested by your employer. This is the first step in protecting your employee legal rights and ensure your employer does not take advantage of your situation.

Benefits of an Employment Lawyer Assisting in Negotiating Severance Packages

With the representation of an experienced employment lawyer, you will be able to better understand your legal rights and entitlements as an employee in Ontario, which is crucial when aiming to negotiate a severance package that is fair and reasonable. For instance, there are legal rules and principles to understand and leverage regarding how to maximize severance pay; unique aspects in the financial structure of severance pay; and important final details in the legal documentation that will be signed (including a full and final legal release) that will impact an employee’s options moving forward.

While it may seem beneficial to try and save the legal costs, it is best to think of negotiating your severance package as an investment. For most individuals, having a qualified employment lawyer navigate what is often a complex area of Ontario employment law to negotiate a fair severance package that protects your employee rights is crucial to ensure that you are properly compensated. In fact, while you may be able to do it yourself, there is often too much at stake to go it alone without an employment lawyer levelling the playing field.

In our experience as Ontario employment lawyers, when employees attempt to negotiate severance packages on their own following a wrongful dismissal, they risk putting themselves in a position that makes them worst off, as employers will often “double down” or “dig in their heels,” which can only make the employment lawyer’s job more difficult. In fact, some times it comes down to perception: by going it alone, the employer (armed with their own employment lawyers) will assume that the employee has no intention of spending money on a lawyer, which makes the employer less likely to be fearful of pushing back against the employee’s efforts to negotiate a better severance package given less risk that the employee will start wrongful dismissal or constructive dismissal litigation.

Call Employment Lawyer Toronto Today

If you are an employee who believes you were wrongfully dismissed from your employment with or without a fair severance package, call today to discuss your options. As an employment law firm in Toronto, Bune Law has reviewed and negotiated improvements to many severance packages. You will review and get guidance on your severance package before you agree to sign any termination documents, and help ensure that your severance package is fair and reasonable.

Please call today to speak with an employment lawyer in Toronto about your case! Call 647-822-5492, or fill out our contact form to the side.
Employment Lawyer in Toronto | Severance Package Review | Severance Package Lawyer | Employment Law Firm in Toronto | Employment Lawyer in Ontario | Wrongful Dismissal Lawyer Toronto | Termination Package Review
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“Bune Law, Toronto Employment Lawyer, is your source of expert employment legal advice and representation for employees and employers on all work-related issues. We assist clients all across Ontario on termination of employment, severance packages, wrongful dismissal, human rights, employment contracts, constructive dismissals, and more. Bune Law serves clients in various cities across Ontario, including Toronto, North York, Thornhill, Vaughan, Woodbridge, Richmond Hill, Mississauga, Brampton, Pickering, Hamilton, Ajax, Oshawa, Whitby, Uxbridge, Aurora, Markham, Newmarket, etc.”

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  • Home
  • Bio
    • Sezar Bune, Toronto Employment Lawyer
    • Why Hire Bune Law?
    • Legal Fees
    • Location
    • Employment Lawyer in Ontario – Areas Served
      • Employment Lawyer Vaughan
      • Employment Lawyer Mississauga
      • Employment Lawyer Toronto
      • Employment Lawyer Consultation Process
      • Terms of Use and Disclaimer
      • Back
    • Back
  • Employees
    • Wrongful Dismissal and Termination
    • Severance Packages
    • Employment Contracts
    • Constructive Dismissal
    • Workplace Harassment
    • Independent Contractor vs Employee
    • Human Rights
      • For Employees
      • For Employers
      • Resources
      • Back
    • Workplace Retaliation
    • Back
  • Employers
    • Employment Termination
    • Wrongful Dismissal Defence
    • Employment Contract Prepare/Review
    • Independent Contractor vs Employee
    • Employment Standards
    • Workplace Policies
    • Provincial Offences
    • Back
  • Blog
  • Contact