Thoughts on negotiating severance pay in your contracts? About to sign an offer, but know that layoffs are frequent, it could be smart? Senior creative level.

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Have been doing this since senior. Easy start is to “roll over” any accrued severance from your last job (IE if you’re entitled to 2 months now, have them negotiate to start at 2 months).

Highly recommend. If nothing else, it takes a bit of the mental pressure off in those first months while you’re figuring the place out.

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Do it. You're leaving money on the table if you don't. They have a budget for this, and their first offer to you is always the least they can pay. Good luck 💰

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100%. Honestly, if you're senior or above, I highly recommend you review your contract with a lawyer.

Make sure your contract entails common law severance.

Severance works in two ways. There's baseline employment law severance, which is one week for every year you've worked. The problem with that is, it treats everyone the same whether you're a clerk at a grocery store who lost their job, or a CEO of a company.

Common law severence factors in things like age, seniority, position, economic climate, the time it'll take for you to get rehired, etc. A lot of contracts wave your right to come after common law severance, so make sure to redacted it if it's written into your contract.

Minimum severance should be a week for every year you've worked. A really good one is one month for every year.

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Isn’t the law a minimum of 1 week already? I thought common law was at least 2.

Always. But still play hard ball / lawyer up if you get laid off.

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This is very helpful. Thanks everyone!

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Whitten + Lublin are experts at this.
David knows the players and the game and has always gotten me more than I thought.
Depending on seniority and tenure 3 to 6+ months is not unheard of.

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You’re better off negotiating something else when you get hired, but by all means use it as a negotiating chip to get more pay/sign on bonus, etc. Whatever is written in your contract re: severance doesn’t apply anyway should they/we decide to part ways, as you can’t renounce fundamental rights in Canada.

Severance is something you negotiate and fight for after the fact.

Great thread team, thanks for sharing.

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