Protecting Your Reputation: Challenging Severance Packages with Confidence

Introduction

As an employee in Ontario, you have certain rights and protections when it comes to severance packages. When facing termination or layoff, it is essential to understand that employers cannot take retaliatory actions against you for asserting your rights. One common fear among employees is whether challenging a severance package by hiring a lawyer could result in their employer ruining their reputation or defaming them. In this blog, we will address this concern and shed light on your rights and protections under Ontario employment law.

1. Challenging Severance Packages is Your Right

First and foremost, it's essential to understand that challenging a severance package is your legal right as an employee in Ontario. When facing termination, the law allows you to negotiate for fair compensation and terms that align with provincial employment standards. Your employer cannot prevent you from seeking legal advice or taking steps to assert your rights.

2. Protection Against Defamation

Defamation occurs when someone makes false statements about you that harm your reputation. If you decide to challenge your severance package and hire a lawyer, your employer might feel upset or disgruntled. However, they are not allowed to resort to defamation as a response. Defaming an employee in retaliation for exercising their rights is not only unethical but also illegal.

3. The Duty of Good Faith

Employers in Ontario are obligated to act in good faith throughout the employment relationship and termination process. This includes providing a reasonable severance package and treating departing employees with respect and fairness. If your employer attempts to tarnish your reputation to discourage you from seeking legal counsel, they may be in breach of their duty of good faith.

4. Potential Remedies

If you believe your employer has defamed you or damaged your reputation due to challenging your severance package, you may have legal recourse. Consulting an experienced employment lawyer is crucial to understand the options available to you. In some cases, remedies might include:

a. Cease and Desist Letter: A letter from your lawyer to your employer demanding they stop making defamatory statements or take corrective action.

b. Negotiation: Your lawyer can negotiate with your employer to resolve the issue and possibly obtain a more favorable severance package.

c. Legal Action: If necessary, your lawyer can initiate legal proceedings against your employer for defamation or breach of the duty of good faith.

5. Confidentiality and Non-Disclosure

It's common for employers to include confidentiality and non-disparagement clauses in severance agreements. These clauses aim to prevent employees from discussing the details of the settlement or making negative statements about the employer. However, such clauses should not be used to suppress legitimate challenges to the severance package or silence employees from seeking legal advice.

Conclusion

Challenging a severance package by hiring a lawyer is a fundamental right that Ontario employees possess. Employers are not allowed to ruin your reputation or defame you for exercising this right. If you feel your reputation has been unjustly harmed due to asserting your rights, consult an employment lawyer immediately to explore your options and protect your interests. Remember, employment laws are in place to safeguard employees from unfair practices, and exercising your rights should not result in retaliation or defamation.