What's a fair severance package for being terminated without cause?

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Depends on your age, how long you’ve been employed with the company and you provincial laws.

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http://www.bardalfactors.ca/whats-reasonable

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Depends on age , experience and also time one shall take to get on same job ; I got 10 weeks on 1 year job so you never know what is going behind the curtains .

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Fair is based primarily on your ‘Bardal factors’ + recently in 2022/2023 something called ‘exceptional circumstances’. Search Milwid v IBM Canada or Lynch v Avaya Canada or Currie v Nylene Canada to understand examples of exceptional circumstances. Prior to 2022/2023, it was very rare (maybe zero) for a non-executive to break the 24 month notice period. The superior court of appeal in Ontario has upheld all 3 of these decisions (meaning there is lots of precedent now for a longer notice period for non executive roles as the examples above show 26/27/30 months notice).

I’ll try my best in English ;) Step 1. Go get your employment contract you signed when you joined company x. Pay particular attention to the termination related language in your contract. Does it spell out how much severance you’ll get in the event your employment is terminated? Step 2. Take that contract and go get legal advice from a lawyer. But do your homework prior to picking a lawyer. Is the lawyer hourly based or contingency based? And what risk/reward are you comfortable with? Hourly based lawyers charge you a certain hourly rate ($300-$1100 per hour). Contingency based lawyers charge a set % of the ‘win’ (25%-33%). You have no risk with contingency based (you don’t pay unless you win) but you could also take home a much smaller piece of win. Which is better? Depends on your case/risk. In an example above in Milwid v IBM - he went with an hourly based firm. He had huge money on the line - 27 months at a $170k salary + 444 IBM RSUs + bonus. And it went all the way through litigation - meaning it would have cost tens of thousands of dollars but in the end - he chose the better path financially. Step 3 - Once you pick your lawyer he/she will tell you if you have a case based on that termination language in your employment contract. The termination language comes down to a few words that could change validity of your contract. If there is any ambiguity in the language then your lawyer will tell you the contract is unenforceable which means you will aim for legal precedent for reasonable notice. In the example of Milwid above - about 5 ambiguous words determined that he would get his RSUs. Your lawyer will give you a rough estimate on what you could get. Trust real legal advice - don’t believe people that tell you - you’ll get 1 month per year of service because there is no math calculation - it’s based on your specific case with at least a half dozen criteria. Read the case law examples above (as I have done - it’s all public information) and google Bardal factors. Keep in mind most cases settle even before going to court. Read some of the legal columnists articles that discuss severance - example: Chaudhri Toronto Sun is one. Hope my English was ok ;)

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