My guess is that this technique works better with a small company — trying to get cute with a multinational with the legal budget of a small nation (and ironclad contracts + knowledge of local regulations) might not work well.
You might - refusing to sign, sending a well written formal notice, articulating a good demand with a rationale. It could be that based on your skills, the economy, opportunities in your field, etc that their standard severance won’t “make you whole”, i.e. allow you to find replacement employment that pays the same in a reasonable timeframe.
Ultimately a judge might rule that you had a reasonable expectation of financial stability from your employer, and by laying you off they’re taking that away. The severance is there to bridge that expectation, so if you can demonstrate that their offered severance package is really far, you have a case.
Now the employer knows that - so if you prepare properly and ask/negotiate you have a shot!
They may call it different things different places, but many places have a similar setup.
People can be terminated with cause at no penalty. If they are terminated without cause, the employer has to pay unemployment. If they’re terminated illegally (e.g. discrimination or for union organization) they can be sued.
The vast majority of the time an employer cannot be sued just for firing you, but that’s because there are other consequences for termination of an employee without cause that don’t need to go to court.
That’s essentially At-Will employment. If you don’t have cause in the US, it’s a layoff and you have to pay unemployment. If you do, then they’re fired and you don’t.
If you fire someone without notice or cause in Canada, what’s the punishment?
In the US, it’s having to continue to pay them 60% of their salary without them having to actually work, and they don’t even have to take you to court. They can just file for unemployment.
What happens when they refuse to negotiate? Do you then sue?
My guess is that this technique works better with a small company — trying to get cute with a multinational with the legal budget of a small nation (and ironclad contracts + knowledge of local regulations) might not work well.
You might - refusing to sign, sending a well written formal notice, articulating a good demand with a rationale. It could be that based on your skills, the economy, opportunities in your field, etc that their standard severance won’t “make you whole”, i.e. allow you to find replacement employment that pays the same in a reasonable timeframe.
Ultimately a judge might rule that you had a reasonable expectation of financial stability from your employer, and by laying you off they’re taking that away. The severance is there to bridge that expectation, so if you can demonstrate that their offered severance package is really far, you have a case.
Now the employer knows that - so if you prepare properly and ask/negotiate you have a shot!
Knives at dawn
No. You can almost never sue. At-Will employment is the standard almost everywhere.
But you can typically claim unemployment if you’re terminated without cause.
The United States of America is the only country with At-Will employment. Far from ‘everywhere’.
They may call it different things different places, but many places have a similar setup.
People can be terminated with cause at no penalty. If they are terminated without cause, the employer has to pay unemployment. If they’re terminated illegally (e.g. discrimination or for union organization) they can be sued.
The vast majority of the time an employer cannot be sued just for firing you, but that’s because there are other consequences for termination of an employee without cause that don’t need to go to court.
In Canada there has to be a valid reason to fire someone. However, you can always lay someone off. Two similiar, but quite different things.
That’s essentially At-Will employment. If you don’t have cause in the US, it’s a layoff and you have to pay unemployment. If you do, then they’re fired and you don’t.
“for any reason, without notice” is a part of at-will. That’s illegal here. So I don’t think it’s the same.
If you fire someone without notice or cause in Canada, what’s the punishment?
In the US, it’s having to continue to pay them 60% of their salary without them having to actually work, and they don’t even have to take you to court. They can just file for unemployment.
They have to pay a full severance package.
But there are loopholes of course and ways to potentially avoid that.