Employment lawyer, CTV News, cashing the severance cheque and pursuing legal action

Interview Summary

As companies across the province undergo layoffs, employees have had to deal with the stress and uncertainty of unemployment.

The termination process can be daunting and confusing, and many people are unaware of the appropriate steps to take to protect their rights.

Do you have to accept a severance package immediately? Do you forgo your rights to pursue legal action if you deposit the initial offer of severance pay?

Alex Lucifero, an Ontario employment lawyer and Managing Partner at Samfiru Tumarkin LLP, joined CTV News Ottawa to answer these questions and more on employee rights.

Interview Notes

• Typical termination meetings: In a typical termination meeting, an employee is called into a meeting by a direct manager or supervisor. The employee is then informed their employment has come to an end. The termination of employment is usually immediate.
• Depositing a severance cheque:  There is an amount of compensation that will be paid to a terminated employee, regardless of whether or not documentation has been signed and accepted. Vacation pay, weekly salary, as well as minimum severance entitlements must be paid by the employer. Depositing or cashing this compensation does not mean an employee has accepted the initial severance offer. Acceptance would be considered signing a release.
• Accepting a severance offer: Severance packages are often inadequate and should not be accepted immediately by employees. Terminated employees can and should seek legal advice from an employment lawyer to ensure they are protecting their entitlements.