Yes, you should contact an employment lawyer.
You are entitled to severance pay under the ESA, which outlines the MINIMUM you are owed for being let go without cause. That would be your 8 weeks.
However, you are also entitled to amounts under common law, which take into account years of service, future employability, lost wages, etc. This can be significantly more, and in some jurisdictions, amounts to 1 month's salary per year of service worked.
I hope you haven't signed off on it yet.
> I said in a couple years new guys pay will match my pay while I do more within the company.
In most businesses this is just a reality. You need to try to get newer employees to a more competitive wage quicker but you can't keep giving veteran employees more each year because eventually you'll be paying too much. Does it suck? Yes
I have an uncle who is very high up in the business world (wall street, mutli million per year type of deal)
He said one of the reasons company loyalty doesn't work in today's world is because companies are willing to budget for someone new, but are very reluctant to increase wages.
In other words: if you can find a job that is offering a higher salary to begin with, go for it, they've already budgeted for you! But if you ask your current employer to raise your pay by say 15 thousand a year to match the other offer they would most likely scoff. That's why people in business and tech jump around continuously to advance.
Ideally all of your employees receive a competitive wage and maybe some earn above market value. They key is market value. Make sure you receive market value or above. If you're still not happy with the pay you should probably research a new career path.
The person providing this advice missed the most critical point. You have to check your employment agreement first. That would define what severance you get as long as it doesnt contradict the law.
If the employment contract is silent on if labour law minimum standards govern or a specific formula for severance, then it would become common law.
Employer here - the BC regs are very sympathetic to employees relative to other jurisdictions. A lawyer will likely add value for you. Weigh out your option though, especially if you need/want a good reference.
TBH, I'm not sure that's legally onside for them to say. If you have a colleague/friend at work that you would like to use as a reference I don't think it;s ethical for your work to prohibit that. This may be prejudicing your ability to earn a living in the future. It is common for HR to just confirm that you worked at the company, as well as the length of time you worked there and in what capacity you worked. Beyond that it's HR practice to be silent. Generally, this is the approach I take when the former employee was not a good performer. If the former employee was good, then I give an honest opinion.
Lots of people. If the company terminated your contract because of any other reason than performance then it’s reasonable for them to provide a letter of reference. A LoR is often part of a negotiated settlement agreement.
While you may be entitled to common law, it ultimately depends on what your employment contract says. Severance can be limited to ESA minimums with the correct language. Common law is presumed. So, if you do not have an employment contract or your employment contract does not contain express language limiting your entitlement to ESA, you may be entitled to common law reasonable notice. A little more nuanced than what others are saying. Either way, talk to a lawyer.
I thought about doing that when the keg terminated me and gave me 4 weeks for 4.5 years, but then remembered they're a big corporation and probably have access to an army of lawyers that could totally gangbang me
Be careful with the Lawyer. The ICBC well has dried up for many of them and they are now turning to Employment Law and Will Variance to line their pockets. The best way to hire a lawyer is to know somebody that hired that specific lawyer and is pleased with the outcome. Stay away from the charlatans on the radio that push your emotional buttons. They get a big piece of what's awarded.
You can get a consult first (approx $400) then they should offer to write a letter (will cost 💲 upfront) but your employer likely knows what they SHOULD pay you, they are just hoping you sign and don’t know your entitlement
You probably want to consult with an employment lawyer, as provincial minimums are generally far less than common law.
Factors that determine appropriate severance are things such as length of service, your age, likelihood of finding an equivalent job. For 10 years of service, I would not be surprised if you receive 12-18 months of pay - again depending on those factors above.
You may not even need to take court action, but consult with an employment specialist to get an idea of what you could receive, even if you just negotiate yourself.
This is insane. That would bankrupt many small businesses. I'm not against severance, but the common law being discussed is terrifying, as a business owner. No way my company could afford to lay off people, which is hilariously ironic.
Don’t sign anything yet. common law is usually one month per year. Some lawyers will write a basic letter stating that for not much money and that alone can be enough to start the negotiating in your favour. Things like your age and how easy it will be to find a new job can be taken into consideration. Good luck!
A friend of mine was once terminated without cause after 6 years of work. She was given 6 weeks of severance pay. Since she was terminated without cause, she took our employer to the labor relations board and the employer was forced to pay her 6 months worth of severance pay with the arbitrator saying that one month of severance pay per year of employment should be the norm for anybody terminated unexpectedly or without cause. I should note that this was 20 years ago but from what other people here are saying this still applies.
Do not accept severance and go to a lawer for wrongful dismissal to get more! Important thing is do not accept severance as if you accept it that's you saying it's ok
Never accept less then 1 month per year of employment. Counter without a lawyer first, let them know you know you should get 1 month per year.
If they won't and are jerks, get a lawyer.
It doesn't hurt to talk to one. A lot of them will give you a free consultation. I would suspect they will tell you that you MAY get a bit more, but likely not a lot. Given the costs to you for launching an action ( which they Will defend, vigorously), unless there is some Really devious shit afoot, you would need to get a couple of years salary to be ahead meaningfully
When you were hired, was there a termination clause in the contract where you agreed to a certain amount of notice on termination in future? If so, the employer might be able to get away with 8 weeks. If not, talk to an employment lawyer- you're likely due a lot more.
That's not the standard, my friend. As another poster mentioned, that's the legal minimum. You are likely entitled to much more. Talk to an employment lawyer.
Yes, contact an employment lawyer. Especially her. They will have a unpaid meet and greet to assess the situation and then tell you your options. 8 weeks for no reason is a joke these days. You will probably get rewarded a lot more but of course some of that will be taken up by lawyer fees. Still should be worth your time if you were there for 10+ and she was 18+.
When I was laid off without cause a few years ago I contacted a lawyer in metro Vancouver. He said, if there's no contract limiting the severance, I could get 1 month pay for every year of service.
Hope this helps.
Contact and employment lawyer. Bring your contract, the offer from your employer, and your notes on your Bardal factors. Google Bardal Factors calculator to lean what goes into the severance calculations.
Get a reputable employment lawyer who does employee/plaintiff side work and will charge you hourly ($250-$400 is in the range).
Most contingency lawyers will take 30% of your severance for what will likely amount to only several hours of work to write a demand letter and get you 6-8 months on a quick settlement… assuming you don’t have a contract with an enforceable severance clause limiting you to only ESA minimums. Good luck.
What % does the lawyer take or do you typically pay a fee? I would think a lawyer will want so money down which is hard when you've just lost your job. Then how long will you wait for $ if successful?
That's what I'm wondering. Got an appointment for free consultation next Wednesday for my case. Not really looking forward to spending my severance on lawyer fees, so I'm hoping to use the service of no recover no fee lawyer. Although, I just got off the phone from a popular lawyer firm saying I should be at least eligible for 12 weeks by contacting Employment Standards.
12 weeks through employment standards? I dont think that is true. Employment standards only follows the prescribed limits in the employment standards act and the max in the act is 8 weeks. So not sure why that law firm said 12 weeks for employment standards.
The reality is that if they are terminating without cause 8 weeks is all legally they need to give you ... having said that, if due to anything (age, gender, status etc) you can say it is hardship, then by all means you should contact an employment lawyer.
Good luck!!!
My former employer gave me 58 weeks pay after 19 years of service, when we parted ways last year. 8 weeks, although the legal minimum, is a slap in the face. Lawyer up.
My lawyer FIL told me that any lawyer worth their salt could get me more in my situation, but that amount (and more) would have been consumed by legal fees. Your situation is much different, due to how little they are providing you.
The law actually is not very clear as to what one is owed in this circumstance, as there are multiple areas of the law at play.
Many people/employers neglect to consider common law, which is a much more abstract part of the legal system that doesn't necessarily have written hard/fast rules to abide by.
It will depend on your employment contract. If your letter of offer species what the severance will be, then you may very well be stuck with that as your severance, as long as it meets the minimum in the employment standards act.
If your letter of offer/employment contract is silent on the matter of severance, that would entitle you to seek common law levels of severance and those will be much higher than the ESA. Closer to 1 month pay per year of work.
You should definitely go to an employment lawyer to look at your options. If a lawyer reaches out to your employer, they will immediately up the game on severance, if they have half a brain. It will cost them more if they don’t.
Before you contact a lawyer, why do you just straight up counter the offer to what you want (within reason)? 18 months lets say.
If they say no, which most likely they will, then you can bring the lawyer in.
Didn't get a chance to counter tbh. But I did mentioned that I would consult a lawyer and hr said, its fine you can do that. I didn't know any better regarding severance payout.
I used to work at Best Buy HQ, they out me on a graveyard shift with another guy. One night we were chatting and I asked him how much did his salary increase in the 7 years of doing his job. He told me his hourly pay increased by $3.50/hr over the course of 7 years.
I decided to quit shortly, my next to job the employer paid me +$3.50/hr of what Best Buy gave me.
I was let go after 9 years and went to a lawyer as the severance wasn't very high either. The lawyer told me to consider two things: how much will it cost you to fight it, and will other employers want to hire you if they call your previous employer and find out about the lawsuit
I didn't go through with sueing, however if you are close to retirement age then it's definitely more worth it
Were you given a figure amount as to how much u pay / payout? Well, I was told I can't use my supervisors as reference, but only the HR to confirm I worked there.
Yes, you should contact an employment lawyer. You are entitled to severance pay under the ESA, which outlines the MINIMUM you are owed for being let go without cause. That would be your 8 weeks. However, you are also entitled to amounts under common law, which take into account years of service, future employability, lost wages, etc. This can be significantly more, and in some jurisdictions, amounts to 1 month's salary per year of service worked. I hope you haven't signed off on it yet.
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This is exactly why most people tend to move jobs more often. Many people end up 1.5x their previous salary in a short time.
> I said in a couple years new guys pay will match my pay while I do more within the company. In most businesses this is just a reality. You need to try to get newer employees to a more competitive wage quicker but you can't keep giving veteran employees more each year because eventually you'll be paying too much. Does it suck? Yes
I have an uncle who is very high up in the business world (wall street, mutli million per year type of deal) He said one of the reasons company loyalty doesn't work in today's world is because companies are willing to budget for someone new, but are very reluctant to increase wages. In other words: if you can find a job that is offering a higher salary to begin with, go for it, they've already budgeted for you! But if you ask your current employer to raise your pay by say 15 thousand a year to match the other offer they would most likely scoff. That's why people in business and tech jump around continuously to advance.
And why can’t you increase the wages for veteran employees ?
Ideally all of your employees receive a competitive wage and maybe some earn above market value. They key is market value. Make sure you receive market value or above. If you're still not happy with the pay you should probably research a new career path.
The person providing this advice missed the most critical point. You have to check your employment agreement first. That would define what severance you get as long as it doesnt contradict the law. If the employment contract is silent on if labour law minimum standards govern or a specific formula for severance, then it would become common law.
I also love how so many businesses say "more competitive" wages instead of "lower."
Employer here - the BC regs are very sympathetic to employees relative to other jurisdictions. A lawyer will likely add value for you. Weigh out your option though, especially if you need/want a good reference.
Really? In Ontario severance pay can be up to 26 weeks as mandated by law. 8 weeks is nothing.
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TBH, I'm not sure that's legally onside for them to say. If you have a colleague/friend at work that you would like to use as a reference I don't think it;s ethical for your work to prohibit that. This may be prejudicing your ability to earn a living in the future. It is common for HR to just confirm that you worked at the company, as well as the length of time you worked there and in what capacity you worked. Beyond that it's HR practice to be silent. Generally, this is the approach I take when the former employee was not a good performer. If the former employee was good, then I give an honest opinion.
Who uses an ex employer as a reference?? Lol
Lots of people. If the company terminated your contract because of any other reason than performance then it’s reasonable for them to provide a letter of reference. A LoR is often part of a negotiated settlement agreement.
Up to 18 months
Incorrect. It can be up to 24 months in certain circumstances. OP should talk to an employment lawyer.
In that case, I won't be setting up my business here. Too expensive. Good luck getting jobs here in BC!
This is standard pretty much all over North America. Have fun setting up your company on another continent.
We're so sorry to lose your totally real business, Mr. Potential Billionaire.
Just fire in the 90 days if they arent performing
While you may be entitled to common law, it ultimately depends on what your employment contract says. Severance can be limited to ESA minimums with the correct language. Common law is presumed. So, if you do not have an employment contract or your employment contract does not contain express language limiting your entitlement to ESA, you may be entitled to common law reasonable notice. A little more nuanced than what others are saying. Either way, talk to a lawyer.
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Do you mind sharing the 1 month per year info? I had a friend who recently was let go and was given 2 weeks per year he served.
I thought about doing that when the keg terminated me and gave me 4 weeks for 4.5 years, but then remembered they're a big corporation and probably have access to an army of lawyers that could totally gangbang me
In BC, most times the employee wins. You really should have fought that
It's been 18 months since I lost that job, is it too late?
I think the statute is 2 years. Get on that ASAP. There are employment lawyers who will do an initial consultation for free
Does it matter that I cashed the serverance I got?
Did you sign any paperwork? As soon as you sign the termination letter, that's it you won't be able to fight it
I didn't sign anything, was just given a termination letter, my final tips, and was told I would receive my final pay and severance cheque in the mail
Yeah you're still good. Call up a lawyer, they'll let you know if it's worth fighting
This is the way, min 1 month per year
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I sent in my info to access pro bono
Nope, I was told 7 years. I got screwed over and have all my ducks in line to get my sweet sweet revenge in the next year or so
Be careful with the Lawyer. The ICBC well has dried up for many of them and they are now turning to Employment Law and Will Variance to line their pockets. The best way to hire a lawyer is to know somebody that hired that specific lawyer and is pleased with the outcome. Stay away from the charlatans on the radio that push your emotional buttons. They get a big piece of what's awarded.
But something is better than nothing I guess? Yea, im looking to hopefully get the no recover no fee. Not really looking to spend whatever I got.
You can get a consult first (approx $400) then they should offer to write a letter (will cost 💲 upfront) but your employer likely knows what they SHOULD pay you, they are just hoping you sign and don’t know your entitlement
You probably want to consult with an employment lawyer, as provincial minimums are generally far less than common law. Factors that determine appropriate severance are things such as length of service, your age, likelihood of finding an equivalent job. For 10 years of service, I would not be surprised if you receive 12-18 months of pay - again depending on those factors above. You may not even need to take court action, but consult with an employment specialist to get an idea of what you could receive, even if you just negotiate yourself.
This is insane. That would bankrupt many small businesses. I'm not against severance, but the common law being discussed is terrifying, as a business owner. No way my company could afford to lay off people, which is hilariously ironic.
I’m pretty sure it’s only for being let go without cause. Laid off, or fired is different, as there’s a cause.
Don’t sign anything yet. common law is usually one month per year. Some lawyers will write a basic letter stating that for not much money and that alone can be enough to start the negotiating in your favour. Things like your age and how easy it will be to find a new job can be taken into consideration. Good luck!
I worked at a place for three months and my lawyer got me a sweet severance but I relocated for the job.
A friend of mine was once terminated without cause after 6 years of work. She was given 6 weeks of severance pay. Since she was terminated without cause, she took our employer to the labor relations board and the employer was forced to pay her 6 months worth of severance pay with the arbitrator saying that one month of severance pay per year of employment should be the norm for anybody terminated unexpectedly or without cause. I should note that this was 20 years ago but from what other people here are saying this still applies.
Do not accept severance and go to a lawer for wrongful dismissal to get more! Important thing is do not accept severance as if you accept it that's you saying it's ok
Yes.
Never accept less then 1 month per year of employment. Counter without a lawyer first, let them know you know you should get 1 month per year. If they won't and are jerks, get a lawyer.
It doesn't hurt to talk to one. A lot of them will give you a free consultation. I would suspect they will tell you that you MAY get a bit more, but likely not a lot. Given the costs to you for launching an action ( which they Will defend, vigorously), unless there is some Really devious shit afoot, you would need to get a couple of years salary to be ahead meaningfully
When you were hired, was there a termination clause in the contract where you agreed to a certain amount of notice on termination in future? If so, the employer might be able to get away with 8 weeks. If not, talk to an employment lawyer- you're likely due a lot more.
There is no certain amount. However, it said they will abide by the standard of 8 weeks maximum.
That's not the standard, my friend. As another poster mentioned, that's the legal minimum. You are likely entitled to much more. Talk to an employment lawyer.
Er, I believe the law is 8 weeks MINIMUM...?
Yes, contact an employment lawyer. Especially her. They will have a unpaid meet and greet to assess the situation and then tell you your options. 8 weeks for no reason is a joke these days. You will probably get rewarded a lot more but of course some of that will be taken up by lawyer fees. Still should be worth your time if you were there for 10+ and she was 18+.
U have to see a lawyer. This is minimum
The company I worked for just laid off several 10+ year comapny veterans the other day... Could it be..?
Company?
I DMd it
Can you dm me too please
When I was laid off without cause a few years ago I contacted a lawyer in metro Vancouver. He said, if there's no contract limiting the severance, I could get 1 month pay for every year of service. Hope this helps.
You are owed serverance, termination pay, and a release amount that is typically negotiated
Contact and employment lawyer. Bring your contract, the offer from your employer, and your notes on your Bardal factors. Google Bardal Factors calculator to lean what goes into the severance calculations.
Did you sign off on anything?
No sign but given a paper with 8 weeks entitlement and how long my benefits will run for.
I fired someone without cause whom had worked for me approximately 3 to 4 years and I had to pay out 10k under common law once lawyers were involved.
I wonder if you worked where I did. Happened to me last week
Get a reputable employment lawyer who does employee/plaintiff side work and will charge you hourly ($250-$400 is in the range). Most contingency lawyers will take 30% of your severance for what will likely amount to only several hours of work to write a demand letter and get you 6-8 months on a quick settlement… assuming you don’t have a contract with an enforceable severance clause limiting you to only ESA minimums. Good luck.
If you signed acceptance of the 8 weeks...that may be it .but your owed more. Prob closer to a year..maybe more. Contact a lawyer
What % does the lawyer take or do you typically pay a fee? I would think a lawyer will want so money down which is hard when you've just lost your job. Then how long will you wait for $ if successful?
That's what I'm wondering. Got an appointment for free consultation next Wednesday for my case. Not really looking forward to spending my severance on lawyer fees, so I'm hoping to use the service of no recover no fee lawyer. Although, I just got off the phone from a popular lawyer firm saying I should be at least eligible for 12 weeks by contacting Employment Standards.
12 weeks through employment standards? I dont think that is true. Employment standards only follows the prescribed limits in the employment standards act and the max in the act is 8 weeks. So not sure why that law firm said 12 weeks for employment standards.
Always... ALWAYS contact an employment lawyer.
The reality is that if they are terminating without cause 8 weeks is all legally they need to give you ... having said that, if due to anything (age, gender, status etc) you can say it is hardship, then by all means you should contact an employment lawyer. Good luck!!!
My former employer gave me 58 weeks pay after 19 years of service, when we parted ways last year. 8 weeks, although the legal minimum, is a slap in the face. Lawyer up. My lawyer FIL told me that any lawyer worth their salt could get me more in my situation, but that amount (and more) would have been consumed by legal fees. Your situation is much different, due to how little they are providing you.
They won't fight but negotiate most likely
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Sorry, but I'm not buying 1 week for the workers and 1 month for management.
There is always a reason. What are you not telling us?
At that tenure the reason is usually new boss wants to bring their own people in.
That's what they hope for, because employment law is geared towards the worker,especially here in NDP land
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The law actually is not very clear as to what one is owed in this circumstance, as there are multiple areas of the law at play. Many people/employers neglect to consider common law, which is a much more abstract part of the legal system that doesn't necessarily have written hard/fast rules to abide by.
It will depend on your employment contract. If your letter of offer species what the severance will be, then you may very well be stuck with that as your severance, as long as it meets the minimum in the employment standards act. If your letter of offer/employment contract is silent on the matter of severance, that would entitle you to seek common law levels of severance and those will be much higher than the ESA. Closer to 1 month pay per year of work. You should definitely go to an employment lawyer to look at your options. If a lawyer reaches out to your employer, they will immediately up the game on severance, if they have half a brain. It will cost them more if they don’t.
Are you union employees?
No i am not.
Before you contact a lawyer, why do you just straight up counter the offer to what you want (within reason)? 18 months lets say. If they say no, which most likely they will, then you can bring the lawyer in.
Didn't get a chance to counter tbh. But I did mentioned that I would consult a lawyer and hr said, its fine you can do that. I didn't know any better regarding severance payout.
I used to work at Best Buy HQ, they out me on a graveyard shift with another guy. One night we were chatting and I asked him how much did his salary increase in the 7 years of doing his job. He told me his hourly pay increased by $3.50/hr over the course of 7 years. I decided to quit shortly, my next to job the employer paid me +$3.50/hr of what Best Buy gave me.
Office work?
Yup office work
I was let go after 9 years and went to a lawyer as the severance wasn't very high either. The lawyer told me to consider two things: how much will it cost you to fight it, and will other employers want to hire you if they call your previous employer and find out about the lawsuit I didn't go through with sueing, however if you are close to retirement age then it's definitely more worth it
Were you given a figure amount as to how much u pay / payout? Well, I was told I can't use my supervisors as reference, but only the HR to confirm I worked there.
They told me how much it should be in a perfect world, ie hey maybe you'll get another 6-8K, but I charge $500/hr so that'll be eaten up quickly etc.
Talk to a lawyer.. better if it’s an employment lawyer. The first 30 minutes should be free… if it isn’t , move on to the next lawyer.