I have been terminated from middle management employment after 20 yrs service due to "restructuring". Dismissed without just cause. I rec my vac days pay plus 8 weeks severance and was offered an additional package of 13.24 months. A friend's lawyer suggested I call my employer and ask for 20 mths as a more appropriate severance. I emailed my ex employer. Now a friend is telling me that they can rescind the original offer and I cannot reach the lawyer I spoke with originally. I am sick that I may have made a huge error. What can my ex employer do? What can I do?
Province/Territory relating to question: Alberta
I have spoken with one lawyer over the phone briefly who advised me to make that call. I have not heard from my ex employer regarding my email. Money is definitely an issue as I have mortgage payments, etc. etc.
The law of contract formation provides that if an offer is made and accepted, then there is a binding contract. If a counter offer is made and then rejected, then that acts as termination of the original offer.
If the employer rejects your counter offer, they would therefore not be bound to by your acceptance of the original offer. But it would make little sense that they would take such a position. Even if they disagree about paying you 20 months, they will still have to pay you some amount. They thought 13.24 months was fair p[previously, and there is no logical reason why they would think it is no longer appropriate just because you asked for more. But the law is that if they reject the counter-offer, they would be entitled to then say that there is no outstanding offer.
If you retract your counter-offer before they have given any indication on whether they would accept or reject it or give you any indication they are canceling the original offer, then the original offer would still be open for acceptance.
if they do retract the original offer, can I pursue it legally and what are the chances of success?
i am waiting for more info from you
I had responded, but maybe it did not go through for some reason.
Yes, you could pursue the issue legally. If there is no settlement of your severance issue, you can litigate that issue if need be.
I cannot comment on your chances of success. We do not give out legal opinions through this site.
with over 15 years experience.