When Do You Need a Severance Lawyer?
In Canada, severance packages can be offered to a worker in connection with their termination. These packages may include pay, benefits, or both.
If you are considering accepting a severance package from your employer, it is essential to review the terms with a severance attorney. There are no specific laws that make severance packages mandatory.
An employer is only legally required to provide unpaid wages or benefits in situations where a terminated employee is entitled to them. There are also no standards governing what must be included in a severance package.
In many situations, severance agreements require the employee to sign an agreement stating they will not sue their employer for wrongful termination. Some states require employers to provide severances when they are closing a facility or laying off a large number of workers.
Other situations in which employers may be required to prove a severance package include:
- A written contract that states the employer will pay a severance
- An employee handbook or personnel policy states employees will receive severance pay
- A company history of pay severance to previous employees in the same situation or position
- An oral promise made by an employer that severance would be paid
Severance packages do not always include money and may include:
- An extension of the employee’s health benefits past termination
- Covering some future medical expenses
- Providing the employee with outplacement services
- Offering various other employee benefits
It may also be possible for you to negotiate your severance package terms based on:
- Your years with the company
- Your level or role within the company
- The size of the company
- The details of the severance package as provided in the company policy or employment contract
It is important to have a lawyer for severance packages to help you during negotiations with your employer to ensure you receive a fair package. It is also important to note that a severance package is subject to taxation as income.
Your lawyer will be able to explain any local laws that apply to your severance, review your employment documents for employer requirements, and help you obtain the best severance package you can.
How Much Does It Cost to Hire a Severance Lawyer in Canada?
How much it will cost to hire a severance lawyer in Canada will depend on numerous factors, for example:
- Experience: A lawyer with more experience often charges higher fees.
- Location: Lawyers in major cities often charge higher fees than lawyers in small towns or rural areas.
- The complexity of the case: Complex cases typically cost more to resolve than simple ones.
- Type of firm: Larger law firms often charge higher fees than smaller law firms or lawyers who practice alone.
- Billing method: The fee arrangement may impact the cost. Fee arrangements may include:
- Hourly rate
- Flat fee
- Contingency fee
- Retainer fee
Some attorneys will handle employment law issues using contingency fees. With a contingency fee, the attorney will not be paid unless their client receives compensation or they win the case in court.
The percentage lawyers charge in these cases is usually between 20% and 50%. The lawyer and client will agree to the percentage that will be charged before the lawyer begins working on the case.
If a severance lawyer charges by the hour, it can range anywhere from CA$200 to CA$500, or more, depending on the factors discussed above.
What to Look for in a Severance Lawyer?
It is important to find a severance lawyer who fits your budget and with whom you are comfortable working. Things to look for in a lawyer include:
- Practice area: Some attorneys may focus their practice on different areas of employment law. It is important to choose a lawyer who handles severance cases.
- Experience: Try to find a lawyer who has previous experience with severance cases.
- Communication: Make sure to find a severance attorney who takes the time to respond to your communications and questions in a timely manner.
How to Prepare for Your Consultation With a Severance Lawyer?
It is important to prepare for your consultation with a severance lawyer before you go to ensure you get the most out of the meeting. Prior to this meeting you should gather documents related to your employment, such as:
- Your employment contract
- Employment handbook
- Pay stubs
- Communications with your employer
It is also important to make a written list of concerns or questions you have to discuss with your attorney during the meeting to make sure they are all addressed. This consultation is also a great time to discuss what fee arrangement the lawyer will use and what your payments will cover.
Where to Find Severance Lawyers in Canada?
LegalMatch is a simple, free, and efficient way to find a severance lawyer in Canada who meets your budget and needs. It may seem easy to search online for “severance lawyers near me” or “severance attorneys near me,” but the results you receive will not always be numerous or informative.
By using LegalMatch instead, you can be matched to pre-screened and licensed lawyers in your area who are ready to work on your case. All you have to do is:
- Submit your case: Take a few minutes to submit information about your severance issue.
- Get matched: Get matched with local attorneys who are qualified to handle your case.
- Choose your lawyer: View attorney responses, which include their education, experience, and client reviews.
Use LegalMatch today to simplify the process of finding a top-rated severance attorney in your area, whether you are in a small town or a big city, such as Toronto, Vancouver, or Montreal.
