Our employment laws are very different from the US and the package we received is still quite small by Canadian standards. What prior success has anyone had with renegotiating (which is common in Canada)
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To the person from Alberta. Are you getting a package in addition to the 12 weeks notice?
Many employment lawyers offer a brief 1/2 hr consult and will let you know if it’s worth your time and money
They are so busy right now I’m personally not concerned about ‘are they in it for them’. Like anything ask friends for a referral
I'm in Alberta. They did give me 12 weeks notice. IT jobs in the same category are hard to find these days with Covid-19 and all the layoffs. Would hiring a lawyer be worth it to get more? Would they fight for me or only write up some document that I would have to present to my management?
I think due to number of global employees impacted they’re offering even less then some mentioned in 2018
Only asking for a fair package based on age/service Most companies want a good brand when releasing employees
Waiting a few months would be worth it for what’s fair in the industry as they still have to payout the minimum entitlement whole negotiating
It varies by province and as mentioned there are two parts: notice and severance. Size of company and number of employees terminated in a calendar year are also variables.
Ontario: With IBM releasing large numbers they get bumped into a category requiring them to pay notice of 1 week per year of service to a maximum of 8 weeks which they can tell the employee to work out the time or they have to pay out the notice PLUS severance of 1 week per /yr of service to a maximum of 26 weeks. This is the minimum and employers need to take into account what is common law for the province. Three important variables age, service and position level as it impacts employability
Yes Canada was impacted. If you didn’t get the call on Thursday you’re safe.........for meow 😸
Was IBM Canada impacted in this past week’s Resource action?
Actually, it should be 12 months I get for 15 years of service based on your 16 months for 20 years of service. hmm.. now that is a lot of extra money that may be worth hiring a lawyer even though they will take ~20% cut of the extra amount.
hmmm...11 months severance for 20 years of service... I believe I was offered 6 months for 15 years of service when it should be around 8 months based on your ratio. I wonder if I should pursue those 2 extra months with a lawyer. What do lawyers do anyway? Do they get my functional manager/first line manager's contact info and send them a note or they try to contact HR@IBM? Would I potentially lose the initial severance offer amount from IBM if I choose to bring lawyers into this?
I did hire a lawyer at an hourly rate to negotiate a higher settlement. I picked a reputable employment lawyer in my city and he was expensive. The lawyer went back and forth with IBM about 4 times (took a couple of months). A very decent settlement was reached without going to court. IBM paid a good chunk of my Legal fees. The whole experience was stressful but the financial gain was worthwhile. Canadian, over 55, more than 20 years service, high band level but not executive.
Post ID: @1exx+155ZuX74
Regardless of what’s posted a court deals with each case differently.
I guess there are no employment lawyers in Alberta willing to take on IBM.
Btw. this a group termination , 50 plus people gone.
@goingoutfighting
It was a percentage of the extra 5 months. As I said IBM paid the bill in my outcome. Good luck, keep well and best regards to those impacted.
Btw. The legal firm you referenced is well know and on tv Saturday and Sunday mornings. Google the with IBM. They have a article/video.
Some of you are confusing severance pay with pay in lieu of notice. For severance pay, the Government of Canada provides a "minimum standard" which is two days per full year of employment with a minimum of five days.
https://www.canada.ca/en/employment-social-development/services/labour-standards/reports/termination.html#h2.2
If you are terminated without notice, you are required to be compensated two weeks pay.
Some provinces may have additional rights and regulations, in some provinces like BC and Ontario the legislation is in favour of the employee, whereas provinces like Alberta the majority of the regulations favour the employer.
Common law in Canada is the time it ought to take you to find new employment unless it causes undue hardship on the business to pay it out. If they are still paying a dividend then there is no undue hardship.
Congratulations @1nju+155ZuX74 on your excellent outcome! When my time comes I also plan to legally fight to get severance that's comparable to Ontario precedent which is what you have succeeded in doing.
Would you share whether you hired your lawyer at an hourly rate or agreed to pay them a percentage of the final severance amount? I am leaning towards going with the hourly rate and from my survey of Toronto lawyers my impression is that Samfiru Tumarkin is one of the best options.
Any further info you would provide would be greatly appreciated!
Do not sign anything. They are required to pay you legal requirements even during a court challenge.
Here is what I was offered.
IBM gave me 12 weeks notice and offered 11 months in 2018. Won 16 months and legal fees paid by IBM ,Toronto employee 20 years.
Not 2 day per year, it’s 2 weeks
Standards payouts do not matter if you challenge them. There are many factors to get higher payouts. Talk to a employment lawyer. It also varies province to province.
Common law is 2 weeks per year of service in Canada. Plus you may be getting working notice.
What do you consider small?
Canadian standard for severance pay is only 2 days for each full year of employment.