If you have been offered a severance package due restructuring or lay off, Crangle can review it and advise if you may be entitled to more. The severance offer may be made pursuant to an employment contract that you signed. However, the employment contract may not be enforceable and you could be entitled to more severance than stated in the contract.
If you did not sign an employment contract, or if the employment contract that you signed is unenforceable, then you will be entitled to notice / severance under the common law. The common law means cases that were similar to your situation.
Under the common law, how much severance you are entitled to depends on a number of factors such as your age, your education level, you workplace experience, the availability of comparable alternative employment, among other things. People often think that they are entitled to one month of severance per year of their employment. For example, if you were employed for 9 years, you would receive 9 months severance. However, there is actually no “rule of thumb” with respect to severance. There is usually a range with respect to how much severance pay someone is entitled to. The range for an employee terminated after 9 years could be from as little as 5 months on the lower end to 14 months severance on the higher end. A person that is 35 years old with an MBA and terrific reemployment prospects, would be in the lower range of severance. A person who is 64 years old with no postsecondary education, would be entitled to the higher end of the range. Further, if you were induced to leave previous employment to join the company you just got terminated from, then the court will consider that when determining your severance entitlement.
Although there is not an exact formula to determine your legal entitlement under the common law, Crangle can help maximize your entitlement. Flexible rates or a contingency agreement may be an option to avoid upfront legal fees.
Call or email for a free consultation to find out if you have a legal case, and if so, how much you may be entitled to. Contingency fee arrangements may be available in appropriate cases so that you do not have to worry about paying legal fees to your lawyer.