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Why employees are entitled to severance pay and packages.

Monday, January 25th, 2010

Our customers can best use our service if they understand the REASON why courts award severance pay and why employers pay severance packages. You have a contract with your employer.  Therefore, if your employer decides to terminate the contract, they have to compensate you for terminating that contract.  Severance pay is intended to put you in the same position that you would have been if you had been given proper notice.

Severance pay at its most basic includes the wages and vacation pay that you would have received if you had stayed with your employer during the length of the notice period.  Included in your severance pay may also be other employment benefits (like bonuses) that would have been paid to you during this time.

This means that it should be more than just your cash salary, you have the right to receive all of the benefits and other compensation you would have received if you had kept working up to the end of your notice period.

If, for example, your employer owes you a notice period of four months, and your employer chooses to pay you a severance package, your payment should be more than four months’ of your salary.

It should also include:

  • bonuses you would have earned and been paid during the four months
  • stock options you would have earned that would have vested during the four months
  • RRSP contributions
  • medical coverage
  • extended medical coverage
  • dental coverage
  • long-term disability insurance
  • short-term disability insurance
  • life insurance

If you have a fixed-term employment contract, severance pay is based on the wages and benefits that you would have earned until the end of the fixed term, unless there is an early termination clause.

Thicken My Wallet, a blog providing general financial advice, gives general advice on severance pay here: http://www.thickenmywallet.com/blog/wp/2009/02/10/severance-pay-what-am-i-entitled-to-part-i/

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.