What does an Employment Lawyer Do?<\/a> for more information.<\/p>\nThe employment lawyer will review the termination or severance package and assess its fairness on the basis of various legal principles. For instance, the employment lawyer will review whether the termination or severance package complies with the minimum standards of Ontario\u2019s Employment Standards Act<\/em>, 2000. In this context, the employment lawyer will look to see if the employer has properly accounted for termination pay, whether there is any severance pay owing to the employee, whether there was any vacation pay or benefits owing to the employee, etc. Then the employment lawyer will go on to review the termination or severance package to determine if the employee is entitled to common law notice in addition to their statutory entitlements under the Employment Standards Act<\/em>, 2000. The employer can only lawfully limit an employee\u2019s entitlement to proper notice under the common law if the employee\u2019s employment agreement\u2019s termination clause or provision is enforceable. In our experience, not a lot of employers\u2019 employment agreements or employment contracts with their employees contain properly drafted and implemented termination clauses that can be enforced. Finally, the employment lawyer will discuss the facts leading to the employee\u2019s dismissal taking into account the employee\u2019s treatment, any potential human rights concerns, etc.<\/p>\nThe employment lawyer will then proceed to assist the dismissed employee in determining what the next steps should be now that the dismissed employee has this new information in their arsenal. For instance, should the dismissed employee accept the terms of the termination or severance package? Should they retain an employment lawyer to negotiate with their former employer for better terms under the termination or severance package? Should they simply sue or bring a claim against their former employer for constructive dismissal? These are all questions that the employment lawyer can help the dismissed employee answer.<\/p>\n
Our Thoughts<\/h2>\n
The bottom line is that a dismissed or laid off employee in the tech industry (or any industry) should not rush to accept any termination or severance package that their former employer gives to them. They have the option to approach an employment lawyer to assist them to navigate these confusing waters to ensure the best possible outcome for themselves and to ensure that their legal entitlements are protected.<\/p>\n","protected":false},"excerpt":{"rendered":"
The global tech industry suffered lately from an economic slowdown which resulted in thousands of workers being dismissed from their jobs. For instance, in early January 2023, the CEO of Amazon announced that the company will lay off more than 18,000 jobs. This announcement is one of many and has followed other companies like Meta\/Facebook, […]<\/p>\n","protected":false},"author":4,"featured_media":5370,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[35,12,17,16],"tags":[],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"https:\/\/www.zeilikmanlaw.com\/wp-content\/uploads\/2023\/02\/undraw_Cloud_hosting_7xb1.jpg","_links":{"self":[{"href":"https:\/\/www.zeilikmanlaw.com\/wp-json\/wp\/v2\/posts\/5369"}],"collection":[{"href":"https:\/\/www.zeilikmanlaw.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.zeilikmanlaw.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.zeilikmanlaw.com\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/www.zeilikmanlaw.com\/wp-json\/wp\/v2\/comments?post=5369"}],"version-history":[{"count":2,"href":"https:\/\/www.zeilikmanlaw.com\/wp-json\/wp\/v2\/posts\/5369\/revisions"}],"predecessor-version":[{"id":5372,"href":"https:\/\/www.zeilikmanlaw.com\/wp-json\/wp\/v2\/posts\/5369\/revisions\/5372"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.zeilikmanlaw.com\/wp-json\/wp\/v2\/media\/5370"}],"wp:attachment":[{"href":"https:\/\/www.zeilikmanlaw.com\/wp-json\/wp\/v2\/media?parent=5369"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.zeilikmanlaw.com\/wp-json\/wp\/v2\/categories?post=5369"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.zeilikmanlaw.com\/wp-json\/wp\/v2\/tags?post=5369"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}