Executive Severance

Executive severance pay is a comprehensive compensation package provided to C-level executives whose employment is severed due to dismissal, lay-offs, or mutual agreement to part ways. This package typically includes elements like salary, bonuses, equity, employee stock options, restricted shares, group benefits, pension contributions, and reimbursement for specific expenses. It goes beyond mere lost wages and is designed to compensate executives for the loss of their seniority and other benefits.

For determining the appropriate amount of severance pay for executives, factors such as age, seniority, length of employment, availability of comparable work, qualifications, and experience are taken into account by the courts. Therefore, negotiating a comprehensive compensation package becomes important for executives as they navigate their careers and potential transitions.

Employment lawyers at Roberts and Obradovic Law, bring extensive experience in handling executive severance cases. Our law firm possess in-depth knowledge of executive compensation complexities, including employment contracts, industry standards, and legal requirements.

Our personalized guidance and strategic representation ensure executives receive fair and tailored severance packages. With a strong track record, we protect the rights and interests of executives throughout the severance process, providing expertise in negotiation, contract review, and advocacy. Executives seeking effective legal representation can trust us at Roberts and Obradovic Law to navigate this critical phase of their careers.

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Understanding Severance Packages: What Should You Expect?

When it comes to calculating severance pay, it is not uncommon for employers to make mistakes, resulting in inaccurate amounts being determined. There is a widespread belief that severance pay follows a fixed formula, such as two weeks’ pay, or a week for every year of service an employee has with the company. However, this oversimplification can lead to improper calculations.

For non-unionized employees, several significant factors should be taken into consideration when determining termination or severance pay. These factors include;

  • employee’s age
  • length of service
  • position within the company
  • bonuses and benefits 
  • ability to find new employment 

Furthermore, it is not unreasonable to severance packages to include additional items such as based on negotiations with the employer:

  • Contributions to retirement savings plans (RRSP) and pensions
  • Allowance for car usage or mileage
  • Opportunities for retraining or professional development
  • Coverage of accounting fees associated with severance
  • Gym memberships or wellness benefits
  • Reimbursement of personal cell phone expenses
  • Continued support for professional memberships
  • Access to employee discounts or perks
  • Assistance with car payments or related expenses

It is important for both employers and employees to understand the complexities involved in accurately calculating severance pay. By considering these key factors and avoiding the common misconceptions, employers can ensure they provide fair compensation to departing employees, while employees can have a clearer understanding of what they may be entitled to in terms of severance pay.

The Impact of Employment Contracts on Severance Packages

By including a termination clause in an employment contract, an employer has the ability to significantly restrict the size of a severance package awarded to an employee upon job loss.

The primary objective of a termination clause is to minimize the amount of compensation an employee receives when their employment is terminated. Particularly for senior managers, this could lead to the loss of substantial amounts of money, provided the termination clause is effectively crafted. However, it is worth noting that in many instances, these clauses may not be properly constructed, allowing departing employees to still access their full entitlement to severance pay.

Legal Rights of Corporate Executives: Wrongful Dismissal and Job Modifications

As corporate executives, it is important to be aware of the legal landscape surrounding wrongful dismissal and constructive dismissal. In Canada, wrongful dismissal arises when non-unionized employee is terminated without appropriate severance arrangements, indicating potential wrongdoing by the employer.

At Roberts and Obradovic Law, our team of employment lawyers is skilled in evaluating your circumstances, assessing the potential for wrongful dismissal, and determining the compensation you may be entitled to. 

Moreover, as a corporate executive in Canada, you possess the right to resist significant alterations to your job. It is unlawful for employers to enforce demotions, pay reductions, decreased working hours, or unfavorable adjustments to commission structures.

Should you encounter substantial changes to your employment terms, you have the option to resign and pursue full severance pay through a constructive dismissal claim.

Consult with our experienced legal team to safeguard your interests and rights as a corporate executive in scenarios of wrongful dismissal or challenging job modifications.

Experienced Employment Lawyers for Executive Directors

At Roberts and Obradovic Law, our team of dedicated employment lawyers specializes in providing legal assistance to executive directors. With a focus on supporting individuals in Ontario, we have developed extensive expertise in navigating the complexities of executive employment matters.

If you are an executive director seeking guidance or representation for employment issues, we are here to assist you. Contact us today at (647) 724-5179 or fill out our online form to access the advice and support necessary to navigate your situation effectively. We are committed to helping you secure the compensation and protection you deserve.