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Posts Tagged ‘negotiation’

Increase your severance package by doing nothing (at least not right away)

Wednesday, November 18th, 2009

The first thing you do after you lose your job (whether you call it fired, terminated, axed, or whatever) are extremely important and can dictate whether you receive a good settlement from your employer without too much trouble.

The first hour after you’ve been terminated is incredibly stressful, even, perhaps, one of the most devastating times in a person’s life.  A whole host of emotions run through you, everything from anger to resentment, from depression to disillusionment, and from rejection to a new uncertainty about your life.

It is really important not to make any rash decisions.

Often, what many employers will do is to provide ’spot offers’ upon termination.  That is, they’ll have you sign a piece of paper promising you a package of money.  What you are often doing, though, is waiving your right to ask for future money.

It’s also not unusual for an employer to not offer any package at all, expecting that the employee will simply not understand his or her legal entitlement to notice.

So, in that first hour after you’ve been terminated or told that you’ll be terminated from your job, it’s important not to react.  Simply ask whether there is any severance offer on the table, how much notice will be given and how the process of termination will occur.

Don’t say anything, don’t respond, and most importantly, don’t offer anything else.  Take the information that your employer is giving you, and ask for some time to consider your options.

Then, that evening, consider your options, think about what you want and come up with your counter offer (you may want to read our Seven Steps to Improving Negotiations paper to understand the difference between what you need, what you’re entitled to and what you want).  If your employer has given you a settlement package you may want to consider that.  You’ll also want to take the time to call a lawyer, your financial advisor, or your tax advisor to understand what your various options are, and to assess your package.  Then you’ll be prepared to go back to your employer the next day with a fair counter proposal.

By keeping calm and not reacting, you will avoid signing any documents or entering into any agreement that you’ll regret, an agreement which may involve waving the legal rights that you have by common law.

If you’ve been fired, dismissed, let go, or laid off, FiredWithoutCause.com can help you!

Monday, June 1st, 2009

Welcome to FiredWithoutCause.com!

We are thrilled to launch this unique legal information service in Canada to help people who have lost their jobs. Whether you call it getting fired, laid off, dismissed, or let go – we empower Canadians who have lost their jobs by sharing with them important information about their legal entitlements and obligations.

My name is Chilwin Cheng, one of the co-founders of FiredWithoutCause.com. In this first blog post, I’d like to introduce myself and tell you a bit about the company.

I am a practicing lawyer in the City of Vancouver, Province of British Columbia, Canada. For many years, I’ve practiced as a litigator, helping people resolve disputes with others – whether that meant helping them negotiate a solution or helping them through arbitration or a court. I’ve seen my fair share of wrongful dismissal disputes, helping both employees and employers.

It’s tough to see friends and family lose their jobs in this current economic downturn. With the high cost of legal advice and services, I saw this as a unique and innovative way to help Canadians gain affordable access to information about their legal rights.

So, with that dream in mind, I teamed up with my co-founder Jim Hamlin to create Paradigm Shift Solutions Inc. We were both MBA students at Simon Fraser University’s Executive MBA programs and study team members for two years. Combining my employment law experience and Jim’s software experience, we created Canada’s first innovative, direct-to-consumer web-enabled commercial legal information service.

We decided to tackle the issue of delivering wrongful dismissal information to people as our first product. Why did we choose wrongful dismissal as our first area?

Three reasons:

  1. Almost everyone has been fired, let go, or dismissed at some time in his or her working life. This traumatic event touches everyone.
  2. In my experience, it’s an event where people can really benefit from even a little bit of information about their legal entitlements.
  3. While it’s an area of the law where people could benefit the most from some help, the need comes at a time when many people feel least able to afford legal services.

At a time when many people feel least able to afford to hire a lawyer, FiredWithoutCause.com helps people understand their situation and make informed choices. We talk about the employment contract, severance periods, and basic negotiation. We provide:

  • a simple, plain-English tutorial on employment law, contracts, and severance periods and payments
  • a manual on how to develop and present your counter-offer
  • access to a database, assembled by lawyers and paralegals, containing thousands of cases on wrongful dismissal from across Canada
  • template counter-offer letters, drafted by employment lawyers

We’ll use this blog as a way of sharing information about employment law and wrongful dismissal. In our next post, I’ll talk about how employment law works and why Canadians even get termination packages.

We’re excited about this service. We’d love to hear from you about topics you’d like more information on and we’ll include them in our next blog posts.