Did your employer recently fire you? Undoubtedly, it’ll affect you financially, and you’ll have to deal with stressful times in the near future. If your employer provides you with a termination package, you should take a look at the details closely. These payments will work as a financial lifejacket until you get another job. The Wrongful Dismissal Lawyer Toronto expects you to understand your legal entitlements so that you don’t leave even a penny of your hard-earned money behind. Several factors dictate severance pay calculation. The Employment Standards Act 2000 dictates the rules an employer has to follow when conducting terminations.
Document preparation
When an employer decides to let go of an employee, they should create specific documents. If the employer does it legally, they must prepare a written termination notice above everything else. It will tell the employee whether the employer is terminating them for a reasonable cause or not. According to Employment Lawyer Toronto, employers terminate employees primarily for misconduct, insubordination, theft, workplace intoxication, constant lateness, performance inefficiency, etc. Under such situations, employers have the right to terminate someone on the spot. In reality, they can do it without even informing the employee. Even after that, the employer has to pay the employee’s dues as long as they can’t prove wilful misbehaviour.
Notice and severance calculation
Now, it’s time to get into the details of the subject of severance calculation. The law requires employers to give reasonable notice to employees when they terminate someone without an appropriate cause. At the very least, you’ll receive at least one week’s notice per year of employment for up to eight weeks. During this time, you should receive “Notice Pay” – it’s a continuation of your salary that you’ll get as long as the notice period doesn’t end. You can resort to the services of a Wrongful Dismissal Lawyer Toronto if you don’t receive this payment. Employers of large organizations should compensate terminated employees more than the owners of small businesses.
Basic entitlements
The ESA instructs the minimum severance payment values, but many employees fail to notice the presence of another protection layer. They’ll receive it if they lose their job. It refers to the way an employee interprets reasonable notice. The best Employment Lawyer Toronto says that it represents the amount of time you need to find similar employment in the same industry. The salary and job post have to be the same. In most instances, employees and employers end up on the opposite ends on this point. As a result, attorneys depend on common laws – a set of norms established by the judge based on precedents.
The contracts
Employers often include limitation clauses to reduce termination entitlements. This problem forces employees to avoid contesting their entitlements if they wish to work for that employer. Fortunately, a benchmark case that took place in the Superior Court of Ontario in 2020 eliminated this issue entirely. Today, no job contract can have such a clause. Employers can’t leverage the power of contracts to deny employee entitlements. So, you’ll be eligible for extra termination pay if you’ve signed a contract created before 2020.
