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Severance package needs to be reviewed by lawyer ?

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  • Sep 20th, 2018 7:18 pm
[OP]
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Jun 7, 2005
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Severance package needs to be reviewed by lawyer ?

For those who have received severance package, do you normally bring it to lawyer for review ?

I wonder how much you/lawyer can do if the severance is already paying more the minimum legal requirement.

Thanks for sharing your opinion.
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Sr. Member
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Mar 3, 2011
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You should always have it reviewed by a labour lawyer especially if you worked a salary job and they are willing to pay for a portion.

Let me know if you need a referral, used one myself a few months back.
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Jan 16, 2011
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If its above legal requirements there's not much a lawyer can do. I had an employment lawyer look over my severance package and it was pretty generous. She it would cost me more to fight then anything I would receive, which would just eat into my severance...
[OP]
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kr0zet wrote:
Sep 11th, 2018 9:23 pm
If its above legal requirements there's not much a lawyer can do. I had an employment lawyer look over my severance package and it was pretty generous. She it would cost me more to fight then anything I would receive, which would just eat into my severance...
This is what I am thinking. If by law requires the company to pay 2 weeks for each year of service and the severance is offering 3 weeks, not sure if it is worth to hire for a lawyer, try asking for 4 weeks ? Don't know how likely the lawyer can win the case. If the case is lost, the company will be paying the minimum required severance instead of original offer and there will be legal fee to pay.
[OP]
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markopas wrote:
Sep 11th, 2018 9:22 pm
You should always have it reviewed by a labour lawyer especially if you worked a salary job and they are willing to pay for a portion.

Let me know if you need a referral, used one myself a few months back.
In general, how much is the fee for the lawyer just to review. I am sure if we want to fight for more the severance package offers, there will be additional fee. I assume the lawyer can draft up a counter offer for a fee, but then not sure if the company will do anything for it provided their offer is already over the minimum requirement. Please correct me if I am wrong. Thanks
Jr. Member
Jan 6, 2006
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It is always worth it for a lawyer to review. If for nothing else, they can prepare a demand letter to jumpstart negotiations.
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rdx wrote:
Sep 11th, 2018 9:32 pm
This is what I am thinking. If by law requires the company to pay 2 weeks for each year of service and the severance is offering 3 weeks, not sure if it is worth to hire for a lawyer, try asking for 4 weeks ? Don't know how likely the lawyer can win the case. If the case is lost, the company will be paying the minimum required severance instead of original offer and there will be legal fee to pay.
Yeah, I was offered 3 weeks for each year, benefits lasted almost a year and employer still payed their copay. Couple other things were included. I had 10 days to decide or I would get the legislated minimum with no extras. I was salary and had 20 years so my employment lawyer said I really did have a lot to loose not taking the offer. She charged me a flat rate for the consult and I took the offer.
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rdx wrote:
Sep 11th, 2018 9:32 pm
This is what I am thinking. If by law requires the company to pay 2 weeks for each year of service and the severance is offering 3 weeks, not sure if it is worth to hire for a lawyer, try asking for 4 weeks ? Don't know how likely the lawyer can win the case. If the case is lost, the company will be paying the minimum required severance instead of original offer and there will be legal fee to pay.
A lawyer will review and instruct you of your legal rights, if they feel you will get 4 and it’s worth going to court then you need to weigh your options but if you feel the company gave you what was due plus more than sign it. But it doesn’t hurt to have your lawyer review your papers to make sure you got a fair deal because what you might think is great might not be.

I had a pretty good lawyer and have learned quite a bit and definitely worth while advice and well paid for that you can use as ammo in the future in case it happens again.

First thing you will want to do is have them extend our deadline to settle there should be no reason for them not to approve the request especially if it’s a short time line to sign.
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rdx wrote:
Sep 11th, 2018 9:35 pm
In general, how much is the fee for the lawyer just to review. I am sure if we want to fight for more the severance package offers, there will be additional fee. I assume the lawyer can draft up a counter offer for a fee, but then not sure if the company will do anything for it provided their offer is already over the minimum requirement. Please correct me if I am wrong. Thanks
Lawyers fees for a good knowledgeable associate can be 200-350$/hr but don’t expect it to be over that time line as lawyers charge per min but charge for everything so things can add up.
[OP]
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Jun 7, 2005
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kr0zet wrote:
Sep 11th, 2018 9:39 pm
Yeah, I was offered 3 weeks for each year, benefits lasted almost a year and employer still payed their copay. Couple other things were included. I had 10 days to decide or I would get the legislated minimum with no extras. I was salary and had 20 years so my employment lawyer said I really did have a lot to loose not taking the offer. She charged me a flat rate for the consult and I took the offer.
You have 20 years of service and if they pay you 3 weeks per year as you said, it would be 60 weeks (more than 1 year) of salary continuance period. Assuming you get the same benefit while you are getting severance pay, you would get 60 weeks of benefit as well. Did your severance offer allow you to take one lump payment at once ? And did they put a clause about what would happen if you find the next employment before the end of severance period ?
[OP]
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markopas wrote:
Sep 11th, 2018 9:43 pm
Lawyers fees for a good knowledgeable associate can be 200-350$/hr but don’t expect it to be over that time line as lawyers charge per min but charge for everything so things can add up.
I assume that is the going rate. I am just wondering what would be the basis for the lawyer to ask/fight for double of what the legal required severance i.e. 2 weeks vs 4 weeks (when the offer is already 3 weeks).
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Mar 3, 2011
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rdx wrote:
Sep 11th, 2018 9:54 pm
I assume that is the going rate. I am just wondering what would be the basis for the lawyer to ask/fight for double of what the legal required severance i.e. 2 weeks vs 4 weeks (when the offer is already 3 weeks).
Years of service? Where does your contract fall under municipal or federal etc. etc..

Those rates are average and vary from firm to firm.
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rdx wrote:
Sep 11th, 2018 9:53 pm
You have 20 years of service and if they pay you 3 weeks per year as you said, it would be 60 weeks (more than 1 year) of salary continuance period. Assuming you get the same benefit while you are getting severance pay, you would get 60 weeks of benefit as well. Did your severance offer allow you to take one lump payment at once ? And did they put a clause about what would happen if you find the next employment before the end of severance period ?
Payment was a lump sum. Benefits lasted 60 weeks or until I got new benefits with a new employer. I had 2 job offers within a month but it took 6 months with new employer to qualify for benefits so I was still covered under my old employer.

I paid $200 for my consult with the employment lawyer. Her advice was that I had more to loose than I might gain through litigation. I was ANGRY and she said she would proceed if I wanted but to talk with my family first.
[OP]
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Jun 7, 2005
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Has anyone used this severance calculator ?

https://www.severancepaycalculator.com/

I remember there was a commercial on the radio from a law firm regarding the severance fight, and they charge based on what they can get from the employers. I couldn't recall the contact information. Does anyone know ? Thanks
Member
Oct 17, 2015
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Toronto, ON
rdx wrote:
Sep 12th, 2018 11:07 am
Has anyone used this severance calculator ?

https://www.severancepaycalculator.com/

I remember there was a commercial on the radio from a law firm regarding the severance fight, and they charge based on what they can get from the employers. I couldn't recall the contact information. Does anyone know ? Thanks
do you know what the legal requirement regarding Severance in Ontario is?
Do you have a written agreement with your previous organization guaranteeing severance amount?

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