Termination Pay Lawyer
Tackling employers' all too frequent miscalculation of statutory termination pay in lieu of notice, which is more complex, more costly and more frequently due than employers are prepared to concede.
Neufeld Legal P.C. can be reached by telephone at 403-400-4092 / 905-616-8864 or email Chris@NeufeldLegal.com
Termination pay is perceived as a relatively straightforward computation; nevertheless, the truth is that most often it is miscalculated to the disadvantage of the fired employee, and this in turn reflects further legal issues associated with an employer's pay calculations that have adversely impacted the employee throughout their employment.
Furthermore, when due, termination pay in lieu of notice must be paid to the terminated employee in a relatively short period of time and without any obligation from the employee. That means an employer cannot require the fired employee to sign a release or any other legal document to attain the payment of the employee's statutory termination pay, unlike common law serverance pay, which may be combined with the employer's demand for a signed release before severance pay is paid (although the validity and/or legal effect of the release remains subject to considerable legal scrutiny).
Meanwhile, employment scenarios where termination pay in lieu of notice is not paid to a terminated employee, the employer's legal basis for such a denial is all too often legally flawed, yet due to a failure to correctly understand the applicable law, these terminated employees and their lawyers fail to adduce this legal discrepancy, and thus accept the employer's flawed legal logic and misinterpretation of the applicable employment standards legislation. This occurs with both (1) employees denied termination pay because of the employer's exceedingly narrow reading of the statutory exemptions, and (2) employees denied termination pay because the employers allege that the employee was fired for cause, and yet here too assumes an exceedingly narrow interpretation of the allegation is put forth, without consideration of the employer's pre-existing employment problems, which are more prevalent and pervasive than what most people understand.
As you can perceive, we are only scratching the surface with respect to the legal problems associated with termination pay in lieu of notice, which employers naturally despised, because in most instances, the employer was in the wrong and has been getting away with its underpayment (or non-payment) of termination pay for years, if not decades, without any lawyer having taken them properly to task, that they have become all the more confident in their legally flawed approach to termination pay (as it is saving them an enormous amount of money, with the termination pay aspect being only one element of a far larger employee pay problem).
If you have recently lost your job, you need to correctly scrutinize your termination pay and understand how this impacts other payment obligations and money that is legally due upon your termination. If you aren't scrutinizing your termination pay, the chances are quite likely that your former employer intends to pay you significantly less than what you are legally due, and that is before we have even explored the aspect of severance pay. So, if you are serious about looking into your termination pay and all the other money that you are legally due at the end of your employment, contact our law firm for a confidential consultation at Chris@NeufeldLegal.com or 403-400-4092 / 905-616-8864.
IMPORTANT NOTE: This website is designed for general informational purposes. The site is not designed to answer specific questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as substitute for individual legal advice. If you want specific legal advice, you need to engage a lawyer under established legal engagement procedures that have been specifically agreed to by that lawyer.