Getting laid off is stressful enough without having to decode legal documents and figure out if your severance offer is fair. Most people have no idea what they’re actually entitled to when they lose their job. The paperwork looks official and the numbers seem reasonable. But here’s the thing – employers count on you not knowing any better. That gut feeling telling you something isn’t right? Trust it. There’s a reason so many people end up searching for an “employment lawyer in Toronto” after accepting what seemed like a decent severance package.
Most Severance Offers Are Lowball Attempts
Employers know something you might not. The minimum severance required by Ontario’s Employment Standards Act is often much less than what you actually deserve. Your employer’s first offer? It’s usually the bare minimum they can legally get away with. Sometimes it’s even less than that. This is exactly why an experienced employment lawyer in Toronto will tell you to never accept the first severance offer without getting it reviewed.
An employment lawyer knows the difference between statutory minimums and reasonable notice. They’ve seen hundreds of these packages. They know when employers are trying to pull a fast one.
What Your Lawyer Actually Does
Employment lawyers don’t just review paperwork and send angry letters. Their job is more strategic than that. First, they calculate what you’re actually owed. This means looking at your age, length of service, position level, and how easy it would be to find similar work. The formula isn’t simple math. It’s based on decades of court decisions.
Your lawyer will also spot problematic clauses in your employment contract. Maybe there’s a termination clause that tries to limit your severance to the legal minimum. These clauses fail more often than employers want to admit. Then comes the negotiation part. Your lawyer knows which arguments work and which ones don’t. They understand what employers fear most about wrongful dismissal lawsuits.
The Psychology of Severance Negotiations
Here’s what most people don’t realize about severance negotiations. It’s not really about fairness or what you deserve. It’s about risk management. Your employer is weighing the cost of a bigger severance package against the cost of defending a wrongful dismissal lawsuit. Lawyers know how to tip that calculation in your favor.
They’ll point out weaknesses in your dismissal. Maybe your performance reviews were positive right up until the end. Perhaps the company didn’t follow their own progressive discipline policy.
An employment lawyer can also identify other potential claims. Were you owed vacation pay? Did they fail to accommodate a disability? Were there human rights violations? Each additional claim increases the employer’s potential liability. That makes them more willing to negotiate.
The Release Document Problem
Most severance packages come with a release document. You sign it, you get paid, and you give up your right to sue for anything related to your employment. These releases are often broader than they need to be. They might prevent you from filing employment insurance claims or human rights complaints. Some try to stop you from working for competitors.
Employment lawyers know which release terms are enforceable and which ones aren’t. They’ll negotiate to remove or modify problematic clauses. The release timing matters too. Employers often pressure employees to sign quickly. Your lawyer will slow things down and make sure you understand what you’re agreeing to.
The playing field isn’t level when one side has lawyers and the other doesn’t. Employment lawyers even things out and give you a real chance at getting what you deserve.
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