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Employers usually provide less than what employees deserve in the expectation that employees would sign the agreement without consulting a lawyer. When the employee signs the release, he or she will have signed away any further right to additional compensation.
An employee’s severance pay is determined by a variety of factors including age, length of employment, position, salary, perks and the ability to find a new comparable job.
Severance pay is not defined in common law as one or two weeks’ wages. An employee who was fired without cause may be entitled to up to 24 months’ salary.
A termination clause in an employment contract might limit the amount of severance compensation an employee is entitled to on termination. You might lose thousands of dollars in termination compensation if you sign an employment agreement that limits your benefits.
Therefore, it is very important that you are well informed about your rights and entitlements. Get in touch with us today so that we can help you get the compensation you deserve.
Let Us Help You Get The Compensation You Deserve.
Taman Singh is a lawyer with RZCD Law Firm LLP. A law firm serving the Greater Toronto Area since 1993.
Here to help you when you need it the most.
Employers have the option of terminating a non-unionized employee’s job without reason by issuing notice of termination in one of two methods (or a combination of both):
Working Notice: when an employer informs an employee that their employment will be terminated at some point in the future and permits the employee to continue working under the same terms and circumstances until that date; or
Pay in Lieu of Notice: When an employer informs an employee that their employment will be terminated immediately and pays the employee the earnings they would have received if they had kept working throughout the notice period.
The aim of giving termination notice is to give an employee who is fired without cause a fair amount of time to find another similar job. During the notice period, the employee may be eligible for all employment benefits, including salaries, vehicle allowance, and pension contribution, among others.Call Us Now
The length of an employee’s notice period is unaffected by whether the employer offers working notice or pay money in lieu. Rather, the Court considers. the following factors in determining the appropriate notice periods
When an employer fires an employee without cause it normally gives a severance package in exchange for the person’s agreement to sign a full and final resignation.
Before signing any termination agreements, it is essential that you are informed of your rights and entitlements.Call Us Now
When you are fired, your employer may present you with a termination agreement to sign. They may also provide you with a severance package with a very strict timeline. Do not sign anything until you have spoken with an employment lawyer. We provide consultations to clients who have been fired and need to review their severance package.
Call us now if you have been terminated.Let us help you get the compensation you deserve.Call Us Now
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In general, everyone in Ontario(excluding construction employees) is entitled to severance pay, regardless of how long they worked or the size of their business. This is because all Canadian employees are entitled to common law severance, which can vary from two and a half months to thirty-six months based on a variety of factors.
Connect with us at Taman Singh Law to find out if you are entitled to common law severance compensation, minimum statutory severance pay, or another severance formula. We will study your employment contract. If you do not have an employment contract, you are entitled to severance pay under common law. If you are entitled to common law severance, we will tell you how much you are entitled to.
Yes, regardless of the amount of time worked or the size of the company, employers are required to provide severance pay to their employees. The only exception to paying severance is if the employer and employee agreed to a legal provision in the employment contract that allows for no severance during the first three months of work and the employee is terminated during those three months.
There is no standard severance compensation. After one year of employment, some employees may be eligible to more than 12 months of severance pay. Similarly, in exceptional instances, certain employees may be entitled to no more than one month of severance pay per year of service.
Yes, regardless of whether the person returns to work, severance must be paid. Working again, however, may impact the cost of severance the employee is entitled to if they claim after getting a new job. If the employee has reduced their damages by getting new similar work that pays almost the same, the court will reduce their time of severance. As a result, it is usually advisable to settle severance before the person returns to work.
In most cases, deadlines in a proposed severance agreement are useless. An employee is paid what he is entitled by law, not by the employer. As a result, if the offer is bad, the deadline should be ignored. In any case, the employee will not accept it.
No, not at all. When an employee applies for EI online, they are asked if they received a severance package. If the employee has already agreed to a severance package, they must inform Service Canada of the number of weeks of severance they have accepted. Like, As a result, if the employee took, say, 10 weeks of severance, Service Canada would only allow their EI claim to start in 10 weeks instead of immediately.