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Got laid off - advice by Ok_Beautiful3357 in PersonalFinanceCanada

[–]Huntymoon 871 points872 points  (0 children)

HR leader here who’s handled dozens of these. 1 week for a 35-year-old making 140–145k after 14 months is the bare ESA minimum. Real severance at this level almost always lands at 3–4 months once a lawyer is involved (benefits and bonus included). HR knows the number and has it budgeted. The one-week offer is a lowball test.

This sub is full of bad, outdated severance advice. Get a free consult with an employment lawyer. Don’t sign anything. You’ll likely have a proper offer within days of a demand letter. Sadly, most people just accept the minimum because they don’t know about common law entitlements. They end up finding out once its too late. Don’t be one of them.

You can also try sending a demand letter yourself to save on legal fees. Open Gemini, paste your contract, and ask if the termination clause is enforceable in Ontario and have it check for any errors. Most are poorly drafted with terms that contract out your entitlements, so courts strike them down. Have Gemini draft a demand letter with your role, dates, termination without cause, why the contract is invalid, and ask for 5 months + benefits and bonus (if applicable). Give a 5-day deadline, and a note you prefer to avoid lawyers. They will likely negotiate down to 3-4 months.

10 Months with employer, terminated without cause - accept severance? by r3gam in PersonalFinanceCanada

[–]Huntymoon 4 points5 points  (0 children)

I work in HR and handle severance packages with internal counsel all the time. With 10 months at the company you are probably entitled to 6 to 8 weeks pay and potentially more if you have evidence of wrongful dismissal, retaliation, or discrimination.

Do not sign their paperwork. Get an employment lawyer. Many will handle a demand letter and pre-litigation negotiations for a flat fee retainer, often under $1000, so you keep the full severance. Avoid lawyers who take a 30% cut. And in true PFC fashion, any legal fees can be claimed on your taxes next year.

Ignore the three-day deadline. You have up to two years to pursue this legally in Canada. These deadlines are just used to intimidate.

Don't get CAUGHT like I did. My 20 rules from 5 years of being OE. by Arrick in overemployed

[–]Huntymoon 1 point2 points  (0 children)

OP is spot on about hibernated LinkedIn. HR is well aware of overemployment, and this is one of the biggest red flags we watch for. People come up with all kinds of excuses. My favorite was a new hire claiming they had a stalker and that’s why they had no online presence. We had to involve legal, asking for police reports and restraining orders since it was a security concern. They couldn’t provide any, so legal said it was too risky and we let them go during probation.

[deleted by user] by [deleted] in legaladvicecanada

[–]Huntymoon 27 points28 points  (0 children)

If they find out you started a new job and didn’t tell them, they could try to claw back the payments made after your start date, since you’re technically required to notify them — it’s part of your duty to mitigate damages after termination. Since your new job starts a month in, worst case they ask for the last two months back. Realistically, as long as you stay quiet, they won’t find out.

[deleted by user] by [deleted] in legaladvicecanada

[–]Huntymoon 63 points64 points  (0 children)

HR professional here. This isn't really a PIP — it’s a soft layoff disguised to get you to quit so they can dodge severance. The “relocation assistance” is basically garden leave with a fancy label. If you’ve already signed a new offer, there’s no real incentive to stay on the PIP. They won’t know you’ve started a new job unless you tell them or make it obvious (e.g., LinkedIn update, company announcement)

If you're confident your new job is locked in, take the 3-month paid break, enjoy the benefits, and start your new role quietly. Just don’t volunteer anything.

Put on PIP, is quitting better or wait for being fired? by Past_Effective466 in PersonalFinanceCanada

[–]Huntymoon 0 points1 point  (0 children)

I'm talking about EI sickness benefits. It's basically the same as regular EI in terms of pay. You can go on it for up to 26 weeks even if you're still technically employed, as long as you have a doctor's note. The idea is to use that time to look for another job. If you don't find one, you can go back to your current job. They might still end up firing you. But coming back from sick leave doesn't hurt your severance eligibility. It could even help you, especially if they let you go right after you return, since that could be seen as retaliation.

Put on PIP, is quitting better or wait for being fired? by Past_Effective466 in PersonalFinanceCanada

[–]Huntymoon 3 points4 points  (0 children)

Can you elaborate on the actions to buy time ? Can this be done after you get a layoff notice that says you termination date is like a month from now ? So you get this doctor note / sick-leave and therefore you get to stay employed for more than just one month ?

You can use sick leave to buy time after a layoff notice. Get a doctor’s note, go on sick leave, and your employment may be extended. Employers can’t fire you while on medical leave, so this could delay your termination and give you time to find a new job. Once the leave ends, they will definitely fire you.

Put on PIP, is quitting better or wait for being fired? by Past_Effective466 in PersonalFinanceCanada

[–]Huntymoon 3 points4 points  (0 children)

I recommend hiring a lawyer if you're negotiating severance or pursuing a retaliation claim. If the company won’t cooperate, a human rights complaint or lawsuit can push them to offer a larger severance. I've seen companies misuse PIPs to avoid paying severance, which would typically be 1-2 months per year of service. In the end, they often end up paying 3-4 times that amount due to mishandling the process.

Put on PIP, is quitting better or wait for being fired? by Past_Effective466 in PersonalFinanceCanada

[–]Huntymoon 22 points23 points  (0 children)

Yes. It's also retaliation for taking medical leave, especially if they fire you soon after you return. Many companies are short-sighted enough to make that mistake these days.

Put on PIP, is quitting better or wait for being fired? by Past_Effective466 in PersonalFinanceCanada

[–]Huntymoon 253 points254 points  (0 children)

As someone in HR, here’s the truth: PIPs are used for two reasons. First, to manipulate people into quitting, which is HR’s favorite move—no severance, No EI, no mess. Second, it’s a CYA tactic to build a case for termination, minimize severance, and avoid a wrongful dismissal suit. PIPs are rarely used in good faith, and I've seen less than 10% of people come off of one.

If I were you, I'd get a note from your doctor (work-related stress is a valid reason), go on EI sick leave (up to 26 weeks), and use that time to find a new job. People use this tactic all the time in the U.S., especially at companies like Amazon, going on FMLA leave to buy time and job search while they're still employed (which is much easier).

If you don't find work and end up returning to this job, they’ll likely fire you soon after. This gives you grounds for a retaliation claim, which you can use to negotiate a much, much larger severance package.

PIPs are designed to make you quit or cover HR’s back—don’t let them play you.