If you’ve been terminated, should you simply accept your employer severance package?
September 17, 2021
Matt Chapman
Legal Moment
Legal Moment on 980 CFPL
Transcript
| [phone ringing] | |
| Receptionist: | Cohen Highley |
| Announcer: | And now the Cohen Highley Legal Moment on 980 CFPL. |
| Announcer: | I’m with Matt Chapman from Cohen Highley Lawyers. If you’ve been terminated, should you simply accept your employer severance package? |
| Matt Chapman: | I wouldn’t. Employers have statutory obligations to provide certain minimum entitlements to notice, pay in lieu, and severance on termination. However, employees can also be entitled to damages for common law reasonable notice which can be far greater than those minimums – in some cases up to two years pay. Factors including, age, term of service, and how difficult it will be for you to find a new job can greatly influence what you could actually receive upon termination. |
| Announcer: | What if when you were hired or along the way you agreed to accept the statutory minimums upon termination? |
| Matt Chapman: | Those are known as exclusion clauses. The decision of the Court of Appeal last year actually made many of them unenforceable. |
| Announcer: | Even if you signed an agreement? |
| Matt Chapman: | Correct. It’s a further reason why we strongly suggest that you reach out for legal guidance if you’ve been terminated. |
| Announcer: | Thanks Matt. This has been the Cohen Highley Legal Moment. |
| [Music] | |
| Singers: | Cohen Highley, we’re listening. cohenhighley.com |
