They're basically giving it to us so we don't sue them down the line, right? So is there a way to negotiate the number or any benefits that might come with it? I'm sorry if this sounds like a stupid question, but this is the first time I'm facing layoffs and I'm just curious.
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@c0 correct. Without cause = they pay you severance, you sign NDA saying you won’t challenge in court. (Can still challenge before signing. But good luck with that) IOL/XOM law has gone through their due diligence thoroughly.
With cause = fired with no severance, leaves it open to court challenge.
@bz your lawyer can always come back with a counter offer outlining reasons why it should be higher. All comes down to potential gains vs lawyer fees.
A firing without cause means they are required by law to pay you severance. If you feel you are being dismissed based on something like race or s-x then you could fight that, but would be really hard to prove, especially in case where there are mass layoffs.
From what I’ve heard in the past from ppl who had their severance reviewed by a lawyer, it’s non negotiable and the lawyer told them to take it because it’s a good deal.
Typically with IOL they will fire you “without cause”. That way they don’t need to show any paper trail and makes it more difficult to challenge in court. It used to be 3 weeks per year of service for severance. But I heard during the last country purge (2021ish?) it was lower for folks with <2 years of service.
God speed.
@OP
Not directly dealt with yet, but getting ready. Get a lawyer. Sign nothing without legal review. Offer maybe appropriate, but assume nothing. Ensure that employee standard act requirements are met for notice, vacation payout etc which should be paid to you separately from severance. This will help but time if required. The severance package largely covered under common law needs to be reviewed by a lawyer. I have had folks I know need to negotiate to taking package as recommended by lawyer. Ensure you have your documents on pay, other compensation, employment contract etc ready. Know lawyers - look for one who previously worked for Imperial if possible.
@bj thankfully Canada has much better employee rights
Can’t speak for Canada but what I’ve seen elsewhere is that it’s a ‘take it or leave it’ offer. It’s enhanced above what they legally have to do…….to excuse their sloppy approach to employment law.
Your choice is accept it and have certainty (but lose your right to take further legal action) OR don’t accept it and take your chances that legal action gets you a better result. The latter is a bumpier, longer less certain path. Whichever option you go for ensure you have legal advice.
Yes, it is negotiable, and 100% review with a lawyer before signing.
I have known someone to go back and get an extra 10-15k, but in most cases I know from IOL, on review lawyer says to accept it
@OP
First, if you do not agree with the amount, DO NOT SIGN ANYTHING! Sounds obvious, but once signed there's no going back. There's typically no negotiation ground, take it or don't.
Second, get an employment lawyer to review the offer with asap. If the layoff number is big, likely there will be a class action lawsuit going promptly, stay in touch with your colleagues (or ex-colleagues), and let the lawyer handles the rest.
Good luck tomorrow, we are all in it together.
Do not accept any offer. Get an employment lawyer. Have them review the company offer. Based on that accept or have lawyer send different.
From what I've seen previously the packages are much like our pay structure and not really negotiable. They will offer a standardized package to everyone; it will meet or slightly exceed the industry standard. I have seen many folks file wrongful dismissal lawsuits and won; this is likely the only way to get anything different than the base offering.