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Fired in Ottawa? An employment lawyer’s ‘3 major mistakes’ to avoid pre-consultation

A businessman covers his face while sitting in front of a laptop. Violeta Stoimenova/Getty Images

After being fired or let go, many individuals in Ottawa don’t double-check their employer’s severance offer with a legal professional before accepting it—convinced they’re better off starting the job hunt as soon as possible.

This couldn’t be further from the truth. An Ottawa employment lawyer can confirm that you’re not leaving any money on the table as you freshen up your résumé.

READ MORE: 6 common employer mistakes that could lead to a bigger payout after termination

If you’ve received a severance offer from your boss, it’s in your best interest to seek legal advice before doing anything else. Here are three major pre-consultation mistakes that non-unionized employees should avoid at all costs.

1. Don’t lash out at your employer

While it can be extremely tempting to “fly off the handle” during your termination meeting or as you clear your desk afterwards, keeping your cool is crucial.

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Severance in Ontario can be as much as 24 months’ pay. Getting angry or doing something to hurt the company could affect the amount of compensation you’re legally entitled to.

If you’ve been let go without severance pay in Ottawa, all hope isn’t lost. An employment lawyer can help you secure proper compensation if this type of dismissal wasn’t appropriate in your situation.

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2. Don’t sign and return your severance offer immediately

Contrary to popular belief, Ontarians aren’t legally obligated to accept their employer’s severance offer during their termination meeting or a few days after receiving it.

As long as you haven’t signed your company’s offer and returned it, you have two years from the date of your dismissal to pursue full severance pay.

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READ MORE: Got a severance offer? Why you should speak with an employment lawyer before accepting it

3. Don’t negotiate a new severance package on your own

In my decades-long career, I’ve met with many non-unionized individuals who briefly considered betting on themselves after determining that their employer’s severance offer was lacking.

It’s natural in this situation to feel like you should advocate for yourself. However, your best course of action is to leave any severance negotiations to the experienced employment law team at Samfiru Tumarkin LLP. We’ll ensure there’s no “funny business” when your livelihood is on the line.

This was a mistake that one of my Ottawa clients, a logistics analyst, almost made after being laid off. Unimpressed with his severance package, the individual initiated negotiations—outlining in an email to his employer why he believed he was entitled to another month of pay.

When management quickly agreed to his request, the logistics analyst couldn’t shake the feeling that something was wrong and decided to bring the new offer to me for review.

Just minutes into his consultation, I confirmed that thousands of dollars were still missing from the negotiated amount. Following a brief phone call with my client’s employer, I was able to secure proper compensation for him—no legal battle required.

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READ MORE: Spotlight on Lior Samfiru after $157,000 court award exposes ‘legal time bomb’


Lost your job in Ottawa? Being pressured to sign your severance offer immediately?

Contact Samfiru Tumarkin LLP or call 1-855-821-5900 for a consultation with an employment lawyer. Get the advice you need and the compensation you deserve.

Lior Samfiru is an employment lawyer and co-founding partner at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. He provides legal insight on Canada’s only Employment Law Show on TV and radio.

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