Employees should know their rights.
You worked hard, were loyal, but now they don’t want you there.
Why? They didn’t say. They just said, “You’re fired!” You’ve been let go.
But before you leave for good, your (now) ex-employer wants you to sign a couple of documents in exchange for a couple of weeks of pay.
Being let go can be a stressful time. Often it can be tempting to not read the Termination Agreement thoroughly, quickly sign it, and walk out the door for good. But once you sign that document, it is nearly impossible to overturn it.
Like most things in life, a termination settlement is usually negotiable. Have a lawyer review your termination agreement before you sign. Your former employer is obligated to let you review the agreement with a lawyer, and return it at a later time. They also cannot deny you of your statutory minimum entitlements under the Employment Standards Act (ESA).
Under the Common Law, your employer could be liable for up to a month per year of service, depending on age, seniority, type of work, the job market, and even bad faith.
This is especially important for groups who are most vulnerable to an unfair settlement, including immigrants and new entrants to the job market (youth!).
Kesarwani Law Office has often acted for employees resulting in an increased settlement amount and an amicable resolution for both parties. Whether you have been terminated for cause, without cause, or you think it was wrongful termination, it is always a good idea to consult an experienced lawyer.
If you’ve been terminated and you are wondering what your rights are, give us a call.
Employer Rights and Obligations
Employers should protect themselves.
If you don’t start something right, it can often end wrong.
At Kesarwani Law Office, we have often advised business owners on employment contracts and termination agreements – including drafting them. You should always ensure your employees get at least their statutory minimum entitlements if you ever decide to terminate their employment, and we can help you figure out what that is.
It is difficult to imagine terminating an employee when you have just decided to hire them. Nevertheless, you should ensure you have done your due diligence and protect your business from future litigation if termination of that employee ever becomes a reality.
If you are thinking of hiring a new employee or terminating an existing employee, give us a call.