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Understanding your rights

Originally created to address the specific needs of Shopify employees during a period of mass layoffs, this webinar hosted by Andrew Montague-Reinholdt and Denise Deschênes contains information that is relevant and essential for anyone who has experienced the loss of their job and been offered a severance package by their employer. The key topics covered in this informative session are:

  1. Rights on Termination in Ontario Generally
    • Understanding your rights as an employee in Ontario is crucial when facing termination. We cover an overview of the fundamental rights employees have, such as the right to notice or pay in lieu of notice, the right to severance pay, and protection against wrongful dismissal and constructive dismissal.
  2. How Severance Pay is Calculated
    • One of the key concerns when facing termination is determining the amount of severance pay you are owed. Andrew and Denise explain factors that impact the calculation of severance pay, including length of service, position, age, and salary. 
  3. What is a Release and When Should I Sign It?
    • A release is a legal document that waives your right to take legal action against your employer in exchange for the severance package offered.  We explain the significance of releases, provide guidance on when it is appropriate to sign them, and help you understand the implications of signing a release is essential ensure that you are not inadvertently relinquishing your rights.
  4. How to Improve Your Severance Package
    • Negotiating a fair severance package is often possible. We go over strategies and tips for improving the terms of your severance package, such as negotiating for enhanced monetary compensation, extended benefits coverage, career counseling, written and verbal references, or job placement assistance.
  5. Duty to Look for New Work
    • After termination, employees have a duty to mitigate their losses by actively seeking new employment. Our hosts explore the obligations and responsibilities employees have in finding new work, as well as the impact of successful re-employment on severance entitlements.
  6. Other Issues, Including Bad Faith and Human Rights Issues
    • Terminations can involve complex legal issues beyond basic severance entitlements. We cover go over topics such as bad faith terminations, human rights considerations, and situations where an employer may be held accountable for unfair treatment.
  7. Costs, Risks, and Benefits of Working with a Lawyer:
    • Engaging an employment lawyer can provide invaluable guidance and support during the termination process. Andrew and Denise discusses the costs, risks, and benefits associated with working with a lawyer. By understanding the potential advantages and disadvantages, you can make an informed decision about whether to hire an employment lawyer to protect your rights.
  8. Entitlements to Stock, Bonuses, and Incentive Pay on Termination
    • In many cases, employees may have additional entitlements beyond basic severance pay. Our hosts also explain the rights of employees regarding stock options, bonuses, and other forms of incentive compensation when facing termination. Understanding your entitlements in these areas can significantly impact your overall severance package.
Watch the full webinar below!
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This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2021 Nelligan O’Brien Payne LLP.

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