Your boss, and possibly an HR rep have just handed you a letter of termination that you didn’t see coming, no reasons given; they have offered you a severance package, and said you have only 2 days, or 1 week, or some other very short time period in which to accept it, or else it’s off the table. What to do??
Unfortunately, this is a frequent event. You can usually assume that the employer has low-balled you on the severance offer, relying on the law of percentages. In other words, at least 75% of employees who are fired do not even bother to call a lawyer for advice regarding the severance proposed, thinking that this is all they’ll ever get, and they cannot afford a lawyer, since they just got fired. Employers know this, and bank on it.
From the 25% of fired employees that call a lawyer, perhaps half of them, will actually retain that lawyer to go after the employer for a better deal. When the better deal doesn’t come, a small percentage of those persons bring a claim against the employer for wrongful dismissal.
So we are now down to less than 10% of fired employees, who actually sue the employer, and less than 1% of them, will ever go to trial, as they almost always settle.
The term “wrongful dismissal” has evolved from our courts as the description given to cases where employees have been fired, and not received what is fair and reasonable from employers by way of severance. The sum ordered payable is known as wrongful dismissal damages.
Here’s the good news; those who bring a claim for wrongful dismissal, in the vast majority of cases, will be very glad that they did. Courts do not like employers that low-ball their employees when fired. Courts do like employees that have been wronged in this regard, and our courts will not hesitate to order a higher severance sum (wrongful dismissal damages) as well as substantial legal costs against employers in such cases.
If you have been fired, and want to ensure that your rights are fully protected, and aggressively pursued for you, please give Graeme Fraser a call to discuss your case. It has been an extremely rare event that any of Mr. Fraser’s cases have proceeded as far as trial, as they almost always settle in the employee’s favour. Mr. Fraser has represented countless employees in YOUR situation, guided them through very difficult transitional times, and resolved their cases to their utmost satisfaction.